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.