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Civil · Reportable judgment

Bijay Kumar Manish Kumar Huf vs Ashwin Desai

Court
Supreme Court of India
Date
12 December 2018
Case No.
Civil Appeal Nos. 12025-12026 of 2018
Result
Disposed
Bench
N.V. Ramana, Mohan M. Shantanagoudar
Citation
[2018] 14 S.C.R. 1214 : 2018 INSC 1195
Supreme Court Reports [2018] 14 S.C.R. 1214 : 2018 INSC 1195
Headnote

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.

Full Judgment Text

The Judgment of the Court was delivered by N. V. RAMANA, J. 1. Delay condoned. 2. Leave granted. 3. Heard Mr. Jaideep Gupta, learned Senior counsel appearing for the appellant and Mr. Siddharth Bhatnagar, learned counsel appearing for the respondent. 4. These four appeals are filed against the orders dated 15/17.11.2016 and 20.7.2017 passed by the Calcutta High Court. The appellant before us is landlord ofa building which is the subject matter of lease. This building was leased bythe erstwhile owner, NanjeeShamjee& Comp.(lessor) to the respondent (lessee) for a period of 99 years at Rs.35
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