MOHAMMAD SAFI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application to compel the respondents to withdraw an order of eviction passed upon the petitioner, in respect of two plots of land appertaining to shops Nos. 18 and 20 in the workmen's line market at Ichapore, situate within the boundaries of the Metal and Steel Factory at Ichapore. The facts are as follows:

(2.) The petitioner took the ground tenancy of two pieces of lands on 1-12-1942 and 1-8-1943, situate in the workmen's line market at Ichapore, situate within the boundaries of the Government Metal and Steel Factory at Ichapore. On this lie erected Stalls which were numbered as shops Nos. 18 and 20. Therein he carried on a cloth business under the name and style of "Nadia Cloth Store". During the communal disturbances in the locality about end of February 1950 the petitioner closed his shops. Upon the Factory authorities notifying in the newspapers that all shops must be reopened within a specified period, the petitioner reopened his shop early in June 1950. On 15-6-1950 two letters were written by the petitioner to the Estate Foreman, Metal and Steel Factory Ichapore, as follows:

(3.) On 29-7-1950, Kedarnath's pleader wrote to the Chief Secretary, Government of India and the Collector, 24 Parganas stating that the petitioner had sold his right title & interest in the land (upon which shop No. 18 was situate) to Kedarnath, together with the structures and had put him in possession, and threatening to file a suit for a declaration of his tenancy right and damages for dispossession. On 31-7-1950 Mewalal's pleader wrote a similar letter in respect of the plot of land upon which shop No. 20 was situated. It is by no means clear how they complained of dispossession.