Suit – Maintainability of – Appellant-landlord filed suit for recovery of khas possession, mesne profits, permanent injunction against the respondent – Respondent filed application u/Or.VII, r.11 CPC and claimed rejection of plaint on ground of non-issuance of statutory notice u/s. 6(4) of West Bengal Tenancy Act, 1997 – Application was dismissed by the Trial Court – However, in revision it was allowed by the High Court – Appellant contended that they were governed by the provisions of the Transfer of Property Act, 1882 as lease executed between the respondent and the erstwhile landlord 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 of Property Act, 1882 applies – Held: This dispute could be resolved by framing an issue by the trial Court on the said point and by adjudicating the same as a preliminary issue – Since, the suit was still in the preliminary stage, the trial Court could be directed to frame issue, relating to maintainability of suit and applicability of enactments and decide the same in accordance with law – West Bengal Tenancy Act, 1997 – Transfer of Property Act, 1882.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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