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may 2024

Supreme Court of India · 2024-05-17

Bijay Kumar Manish Kumar Huf vs Ashwin Bhanulal Desai

Citation / case number
2024 INSC 445
Court
Supreme Court of India
Petitioner
Bijay Kumar Manish Kumar Huf
Respondent
Ashwin Bhanulal Desai
Author
Sanjay Karol
Bench
Sanjay Karol, J.K. Maheshwari

Judgment text excerpt

The Supreme Court addressed the applicability of the West Bengal Tenancy Act, 1997 versus the Transfer of Property Act, 1882 in landlord-tenant disputes. The Court held that the Tenancy Act governs the matter, emphasizing that the trial court must provide an opportunity for evidence before dismissing a plaint under Order VII Rule 11 CPC. The Court also noted that the suit was still at a preliminary stage, thus remanding the case for proper issue framing and trial.

Bijay Kumar Manish Kumar Huf vs Ashwin Bhanulal Desai · Niyam