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october 2005

Supreme Court of India · 2005-10-04

Ruma Chakraborty vs Sudha Rani Banerjee & Anr

Citation / case number
AIR 2005 SUPREME COURT 3557
Court
Supreme Court of India
Petitioner
Ruma Chakraborty
Respondent
Sudha Rani Banerjee & Anr
Author
Ar. Lakshmanan
Bench
Ar. Lakshmanan, Altamas Kabir

Judgment text excerpt

The Supreme Court upheld the High Court's decision rejecting the appellant's application to be added as a party defendant under Order 1 Rule 10(2) of the C.P.C. The Court ruled that the appellant, as a divorced wife, does not retain tenancy rights under the West Bengal Premises Tenancy Act, 1956, and is considered a rank outsider to the tenancy. The Court emphasized that the appellant's claim of entitlement to residence based on the Hindu Adoptions and Maintenance Act, 1956, was not sufficient to warrant her inclusion in the suit.

Ruma Chakraborty vs Sudha Rani Banerjee & Anr · Niyam