Supreme Court of India · 2018-12-12
Bijay Kumar Manish Kumar Huf vs Ashwin Desai
- Citation / case number
- AIRONLINE 2018 SC 960
- Court
- Supreme Court of India
- Petitioner
- Bijay Kumar Manish Kumar Huf
- Respondent
- Ashwin Desai
- Author
- N.V.Ramana
- Bench
- Mohan M. Shantanagoudar, N.V. Ramana
Judgment text excerpt
The Supreme Court addressed the applicability of the West Bengal Tenancy Act, 1997 versus the Transfer of Property Act, 1882 in a landlord-tenant dispute. The Court held that the trial court must frame an issue regarding the maintainability of the suit and the applicable enactments, as the lease was executed prior to the Tenancy Act coming into force. The appeals were disposed of with directions for the trial court to resolve this preliminary issue expeditiously, preferably within six months.