LAW FOR ALL

West Bengal Premises Tenancy Act, 1997 (for short ‘the Tenancy Act’) -Vs- Arbitration & conciliation Act - Unregistered lease deed - suit for eviction and for recovery of arrears of rents and for injunction - defendant filed an application under sec.8 of arbitration Act - Trial court dismissed the application and order to file written statement - High court allowed - Apex court held that the relief claimed by the appellants being mainly for eviction, it could only be granted by the “Civil Judge having jurisdiction” in a suit filed by the landlord as provided in Section 6 of the Tenancy Act. The expression “Civil Judge having jurisdiction”will obviously mean the Civil Judge who has jurisdiction to grant the other reliefs: decree for arrears of rent, decree for recovery ofarrears of proportionate and enhanced municipal taxes, a decree for mesne profits and a decree for permanent injunction claimed in the suit. and held that the High court committed wrong and allowed the appeal and remanded the matter to trial court for filing written statement = Ranjit Kumar Bose & Anr. … Appellants Versus Anannya Chowdhury & Anr. … Respondents = 2014 (March. Part )judis.nic.in/supremecourt/filename=41306