Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Suit – Maintainability of – Appellant-landlord filed suit forrecovery of khas possession, mesne profits, permanent injunctionagainst the respondent – Respondent filed application u/Or.VII, r.11CPC and claimed rejection of plaint on ground of non-issuance ofstatutory notice u/s. 6(4) of West Bengal Tenancy Act, 1997 –Application was dismissed by the Trial Court – However, in revisionit was allowed by the High Court – Appellant contended that theywere governed by the provisions of the Transfer of Property Act,1882 as lease executed between the respondent and the erstwhilelandlord was executed in 1992 when the West Bengal Tenancy Act,1997 was not in force and the same cannot have retrospective effect– Whether the West Bengal Tenancy Act, 1997 or the Transfer ofProperty Act, 1882 applies – Held: This dispute could be resolvedby framing an issue by the trial Court on the said point and byadjudicating the same as a preliminary issue – Since, the suit wasstill in the preliminary stage, the trial Court could be directed toframe issue, relating to maintainability of suit and applicability ofenactments and decide the same in accordance with law – WestBengal Tenancy Act, 1997 – Transfer of Property Act, 1882. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 1195 |
Petitioner | Bijay Kumar Manish Kumar Huf |
Respondent | Ashwin Desai |
SCR | [2018] 14 S.C.R. 1214 |
Judgement Date | 2018-12-12 |
Case Number | 1205-12026 |
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