Supreme Court of India
Debasish Paul & Anr. v. Amal Boral
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that a combined reading of the two statutes would suggest that while the Limitation Act may be generally applicable to the proceedings under the Tenancy Act, the restricted proviso under Section 7 of the said Act, providing a time period beyond which no extension can be granted, has to be applicable.
Judgment, page 8
From the headnote
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 the West Bengal 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 application u /ss. 7(1) and
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Where later benches applied it
Of those, 1 referred to
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