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1953 Supreme(SC) 11

N.H.BHAGWATI, S.R.DASS, M.C.MAHAJAN
Nalinakhya Bysack – Appellant
Versus
Shyam Sunder Haldar – Respondent


Advocates:
ARUN DUTTA, PANCHANAN GHOSH, S.C.BANERJEE, S.P.GHOSH, SHIVDAS GHOSH, SUKUMAR GHOSH

Judgement Key Points

The finality of an order from the RCP (Rent Control and Eviction) Court regarding the filing of an appeal before the district court is generally governed by the procedural rules and statutory provisions applicable to such proceedings. Typically, an order issued by the RCP Court on the matter of filing an appeal is considered interlocutory or preliminary, and its finality depends on whether it is a procedural or substantive decision (!) .

In most cases, an order permitting or denying the filing of an appeal is not itself final in the sense of disposing of the substantive rights of the parties but is instead an interlocutory order that governs the procedural aspect of the case. Such orders are usually subject to review or reconsideration and do not bar the parties from pursuing the appeal itself once the procedural requirements are satisfied (!) .

However, once the RCP Court issues a final order on the substantive issues—such as the merits of the case or the validity of the appeal—this order is considered conclusive and binding, subject to appeal within the prescribed period. The appellate court's review of such an order is generally the final step in the process, and unless there are exceptional circumstances or specific statutory provisions allowing for further review, the appellate court's decision becomes conclusive and binding (!) .

Therefore, the order from the RCP Court regarding the filing of an appeal before the district court is typically not final in itself but is subject to further review or appeal. Once the appellate court rules on the appeal, its decision is usually final and binding, barring any permissible further legal remedies. The finality of such an order hinges on whether it disposes of the substantive rights or merely addresses procedural compliance, as well as the applicable legal provisions governing appeals in this context (!) .


Judgement

S. R. DAS J. : This appeal is directed against the judgment and order of a Bench of the Calcutta High Court passed on 9-4-1951 in Civil Rule No. 1038 of 1950. The facts leading up to this appeal may be shortly stated as follows:

2. The respondents were, according to the appellant, monthly tenants under the appellant in respect of three rooms, one kitchen, one privy and a bathroom on the ground floor of Premises No. 6, Roy Began Street, Calcutta, at a monthly rent of Rs . 25 payable according to the Bengali Calendar month. On 29th Baisakh 1356 B.S. the appellant gave notice to the respondents too quit the premises on or before 7th Jaistha 1356 B. S. The respondents having failed to comply with the notice, the appellant on 1-6-1949 instituted proceedings under Chap VII of the Presidency Small Cause Courts Act, 1882, for the eviction of the respondents from the demised premises on the allegation that the tenancy had determined ipso facto for non-payment of rent for three consecutive months in terms of S. 12(3) of the West Bengal Premises Rent Cntrol Act, 1948. The respondents on 6-7-1949 deposited into Court Rs. 233-7-0 and on 8-7-1949 entered appearance and filed a written st





















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