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april 2009

Supreme Court of India · 2009-04-21

Dulal Choudhary & Ors vs Hirak Roy Chowdhury & Ors

Citation / case number
AIRONLINE 2009 SC 545
Court
Supreme Court of India
Petitioner
Dulal Choudhary & Ors
Respondent
Hirak Roy Chowdhury & Ors
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court addressed the issue of landlord-tenant relationships under the West Bengal Premises Tenancy Act, emphasizing that the suit for eviction abated due to the plaintiffs' failure to bring the legal representatives of the deceased defendant on record within the limitation period as mandated by the Code of Civil Procedure, specifically under Order 22 Rule 4. The Court held that the trial and appellate courts erred in decreeing the suit based on sub-letting without addressing the abatement issue, ultimately dismissing the eviction suit. The ruling reinforces the necessity of adhering to procedural requirements in tenancy disputes.

Dulal Choudhary & Ors vs Hirak Roy Chowdhury & Ors · Niyam