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december 2018

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.

Bijay Kumar Manish Kumar Huf vs Ashwin Desai · Niyam