CENTRAL VALUATION BOARD, WEST BENGAL Vs. BIMALESH GUPTA

JUDGEMENT

(1.) This appeal arises out of the judgment delivered by Monoranjan Mullick J. of this Court dated July 15, 1987, whereby the writ petition filed by Bimalesh Gupta and Anr. was allowed and the purported order of requisition in respect of flat No. III, 9th Floor. 8 Camac Street, Calcutta, covering an area of about 1573 sq.ft., was quashed. The Respondents (Appellants herein), however, was directed to hand over possession of the said flat to the writ Petitioner, within two months from the date of judgment.

(2.) A time barred appeal was preferred against the said judgment, on behalf of the Appellant, and on September 16, 1987, G.N. Ray J. (as His lordship then was) and K.M. Yusuf J. passed an order of status quo, regarding possession of the premises, to be maintained. Thereafter, on April 4, 1988, the said Appeal Bench granted stay of operation of the order appealed from, on the condition that within a period of six weeks from April 4, 1988, the entire rent compensation, which has been offered by the State Government for requisition of the disputed flat, should be paid to the Respondent/writ Petitioners Bimalesh Gupta and Basudev Gupta, for the period from April 1987 to March 1988 and the appeal being F.M.A.T. No. 2954 of 1987 was directed to be heard analogously with F.M.A.T. No. 2948 of 1987 and all formalities were dispensed with.

(3.) The appeal ultimately came up for final hearing before U.C. Banerjee and S.K. Guin JJ. on April 11, 1991 and was heard -in -part on June 27, 1991, July 4, 1991, July 11, 1991, when the matter was released by Their lordships.