NALINAKHYA BYSACK vs SHYAM SUNDER HALDAR AND OTHERS.

The Supreme Court held that the expression 'decree for recovery of possession' in Section 18(1) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, does not encompass orders made under Section 43 of the Presidency Small Cause Courts Act, 1882. Consequently, a person against whom an order for recovery of possession has been passed under Section 43 is not entitled to relief under Section 18(1) of the 1950 Act. The Court emphasized that it cannot assume legislative mistakes and must interpret statutes as they are written, thereby overruling several prior cases that suggested otherwise.