Supreme Court of India
Ranjit Kumar Bose & Anr. v. Anannya Chowdhury & Anr
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What the Court ordered
For the aforesaid reasons, we allow this appeal and C set aside the impugned judgments of the High Court and the Civil Judge, Senior Division, and remand the matter to the learned Civil Judge, Senior Division, who will now give an opportunity to the respondents to put in their written statements and thereafter proceed with the suit in accordance with law.
Judgment, page 13
From the headnote
WEST BENGAL PREMISES TENANCY ACT 1997: s.6 - Suit for eviction under Tenancy Act - Application by c defendant to refer the dispute to arbitration as per agreement - Dismissed by trial court, but allowed by High Court - Held. In view of sub-s.(3) of s.2 of 1996 Act, arbitration agreement between landlord and tenant has to give way to s. 6 of Tenancy Act which confers exclusive jurisdiction on Civil 0 Judge, to decide a dispute between landlord and tenant with regard to recovery of possession of tenanted premises in a suit filed by landlord - Impugned judgment of High Court set aside and matter
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