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january 1979

Supreme Court of India · 1979-01-12

RAJENDERA NATH KAR vs GANGADAS & GANGADHAR RATHI & ORS.

Citation / case number
SC 1969/60180
Court
Supreme Court of India
Petitioner
RAJENDERA NATH KAR
Respondent
GANGADAS & GANGADHAR RATHI & ORS.
Author
Y.V. (() CHANDRACHUD
Bench
Y.V. ((CJ) CHANDRACHUD

Judgment text excerpt

The Supreme Court held that under Section 39 of the West Bengal Premises Tenancy Act, 1956, the provisions of the Limitation Act apply to proceedings under the Act, but any specific period of limitation prescribed by the Act takes precedence. The Court clarified that since the appellant failed to file an application under Section 17A within the stipulated 30 days from the introduction of the section, the application was barred by limitation. Consequently, the appeal was dismissed, affirming the lower courts' decisions.

RAJENDERA NATH KAR vs GANGADAS & GANGADHAR RATHI & ORS. · Niyam