Supreme Court · 2023 INSC 925 · Decided 18 October 2023
Debasish Paul & ANR. v. Amal Boral
- Court
- Supreme Court of India
- Citation
- 2023 INSC 925 · [2023] 14 S.C.R. 511
- Case number
- CIVIL APPEAL No. 6565/2023
- Decided
- 18 October 2023
- Bench
- SANJAY KISHAN KAUL, SUDHANSHU DHULIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 5
Headnote
HEADNOTES Issue for consideration: Whether the High Court was justifi ed in directing the trial court to dispose of the application fi led by the tenant u/s. 5 of the Limitation Act, 1963, when the trial court had already rejected the application fi led by the tenant u/s.7(1) and (2) of Premises Tenancy Act, 1997 for protection against eviction, on the ground of delay of 10 months. Limitation Act, 1963 - s. 5 - Applicability of, to proceedings and appeals under the West Bengal Premises Tenancy Act, 1997 - Tenant, if entitled to take recourse to s. 5, when his
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