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Bijay Kumar Manish Kumar HUF v. Ashwin Desai

Civil Appeal · 2018 INSC 1195Decided 12 Dec 2018
Civil Appeal Nos. 12025-12026 of 2018
Justice N.V. Ramana · Justice Mohan M. Shantanagoudar

Background

This order sends the case back; it does not decide the dispute. In a tenancy suit in West Bengal, the question was whether the West Bengal Tenancy Act, 1997 or the Transfer of Property Act governs the lease.

Decision Breakdown

This is not a final decision on the dispute. The Court did not decide the question. It directed the trial court to frame it as a preliminary issue and decide it, preferably within six months.

Lesson Learnt

There is no final ruling on which law applies.

Official source (sci.gov.in)View Judgment (PDF)

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