ASIF LATIF Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has prayed for a Mandamus directing the Administrator General and Official Trustee (AG and OT) of West Bengal (respondent no. 2) to restore possession of the shop room and certain other spaces at premises no 56C, Mirza Ghalib Street, Kolkata -16 to the petitioner. The petitioner also prays for a Mandamus and appropriate directions on the respondent no. 2 / AG and OT and the Officer-in-Charge, Park Street Police Station (respondent no. 3) from disturbing the peaceful physical possession of the petitioner in respect of the said shop room.

(2.) The parties before the Court are the petitioner, Asif Latif, the respondent nos. 2 and 3, as described above and the respondent no. 4, who is the Manager of the Armenian College and Philanthropic Academy situated at 56B, Mirza Ghalib Street, Kolkata -16.

(3.) Learned counsel appearing for the petitioner claims that the petitioner's father, Abdul Latif, since deceased, was a monthly tenant of the shop room under the respondent no.4 and was in possession of the shop room at the time of his death. Counsel submits that the rent for the said space used to be given by Paramount Refrigeration Company which was the trade name under which the petitioner's father used to operate to the respondent no. 2 being the beneficiary in the tenancy arrangement. Counsel seeks to rely on documents of April and May, 1955 to show that a tenancy had been created in favour of the petitioner's father. Counsel claims that the respondent no. 2/AG and OT refused to accept rent after June, 1990 and that the rents were thereafter deposited to the Rent Controller by the heirs including the petitioner after his father's death.