Niyam v2 is live — start for just ₹100 — 200 credits to try

april 1960

Supreme Court of India · 1960-04-20

SATYADHYAN GHOSAL AND OTHERS vs SM. DEORAJIN DEBI AND ANOTHER.

Citation / case number
SC 1959/62
Court
Supreme Court of India
Petitioner
SATYADHYAN GHOSAL AND OTHERS
Respondent
SM. DEORAJIN DEBI AND ANOTHER.
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court ruled that the appellants were not barred from contesting the applicability of Section 28 of the Calcutta Thika Tenancy Act after the enactment of the Thika Tenancy Amendment Act, 1953. The Court held that an interlocutory order, which does not conclude proceedings, can be challenged in an appeal from a final decree, even if no appeal was made against the interlocutory order. The principle of res judicata was not applicable in this case, allowing the landlords to raise their objections regarding the tenants' status as Thika tenants.

SATYADHYAN GHOSAL AND OTHERS vs SM. DEORAJIN DEBI AND ANOTHER. · Niyam