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.