Supreme Court of India
Bijay Kumar Manish Kumar Huf v. Ashwin Desai
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From the headnote
Suit – Maintainability of – Appellant-landlord file d 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 plaint on ground of non-i ssuance of statutory notice u/s. 6(4) of West Bengal Tenancy ct, 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 Pr operty Act, 1882 as lease executed between the respondent and the erstwhile landlord
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