| ASPECTS | DETAILS |
| Case Title | Bijay Kumar Manish Kumar HUF vs. Ashwin Bhanulal Desai |
| Introduction | This case addresses a landlord-tenant dispute regarding the applicable law for framing issues in the dispute. |
| Factual Background | The petitioner initiated proceedings for ejectment due to non-payment of rent. The respondent sought rejection of the plaint, citing jurisdiction issues and applicability of the Tenancy Act. |
| Legal Issues | The main legal issue is whether the West Bengal Tenancy Act, 1997, or the Transfer of Property Act, 1882 governs the dispute. |
| Applicable Law | West Bengal Tenancy Act, 1997, and Transfer of Property Act, 1882 |
| Analysis | The trial court and High Court had differing views on the applicable law, with the High Court favoring the Tenancy Act. The Supreme Court focused on the tenant’s obligation to pay occupational charges. |
| Conclusion | The Supreme Court directed the tenant to pay monthly occupational charges, pending the final decision on the applicability of the laws. |
| Current Scenario | The case is pending final adjudication, with the tenant ordered to deposit occupational charges with the Court’s Registry. |
CASE SUMMARY – This case concerning a landlord-tenant dispute. The core issue is whether the West Bengal Tenancy Act, 1997, or the Transfer of Property Act, 1882, applies to the framing of issues in the dispute. The initial suit was dismissed by the trial court, favoring the Tenancy Act. However, the High Court ruled in favor of the respondent, leading to appeals and special leave petitions. The Supreme Court directed the tenant to pay occupational charges pending the final decision.
SOURCE – SUPREME COURT OF INDIA
READ MORE – SUPREME COURT RULING ON STAMP DUTY REFUND IN FRAUDULENT PROPERTY TRANSACTION
