Summary
A landlord’s possession suit under a 1992 registered lease faced rejection for want of notice under the later West Bengal tenancy legislation. The Supreme Court did not decide which enactment governed. Given the preliminary stage of the suit, it directed the trial court to frame and decide a preliminary issue on maintainability and applicability of the competing enactments.
Issues
- Whether applicability of the West Bengal tenancy legislation or the Transfer of Property Act should be resolved by a preliminary issue in the pending suit.
Held
- The parties disputed whether the earlier execution of the lease or the later institution of the suit determined the applicable enactment. That substantive question was left for adjudication by the trial court. (¶¶ 6, 7, 8)
- In the peculiar circumstances and at the suit’s preliminary stage, the trial court was to frame an issue concerning maintainability and applicability of the enactments and decide it as a preliminary issue in accordance with law. (¶¶ 8, 9)
- The preliminary issue was to be decided expeditiously, preferably within six months of communication of the judgment. (¶ 9)
Result
Appeals disposed of with directions to frame and decide the preliminary issue, preferably within six months of communication; no final ruling on the governing enactment.