Supreme Court · 2018 INSC 1195 · Decided 12 December 2018

Bijay Kumar Manish Kumar Huf v. Ashwin Desai

Court
Supreme Court of India
Citation
2018 INSC 1195 · [2018] 14 S.C.R. 1214
Case number
CIVIL APPEAL No. 12025/2018
Decided
12 December 2018
Bench
N.V. RAMANA, MOHAN M. SHANTANAGOUDAR (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC; Transfer of Property Act

Headnote

Suit - Maintainability of - Appellant-landlord filed suit for recovery of khas possession, mesne profits, permanent injunction against the respondent - Respondent filed application u/Or.VII, r.11 CPC and claimed rejection of of non-issuance of statutory notice u/s. 6(4) of West Bengal Tenancy Act, 1997 - Application was dismissed by the Trial Court - However, in revision it was allowed by the High Court - Appellant contended that they were governed by the provisions of the Transfer of Property Act,

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