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Supreme Court of India · 12/12/2018

BIJAY KUMAR MANISH KUMAR HUF versus ASHWIN DESAI

[2018] 14 S.C.R. 1214 · 2018 INSC 1195

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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

  1. 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

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.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1214.