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2022 Supreme(SC) 639

M. R. SHAH, B. V. NAGARATHNA
EIH LIMITED – Appellant
Versus
NADIA A. VIRJI – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Rana Mukherjee, Sr. Adv. Ms. Kanchan Yadav, Adv. Ms. Surahi Guleria, Adv. For M/s. Victor Moses & Associates, AOR
For the Respondent(s): Mr. Siddharth Dave, Sr. Adv. Ms. Ranjeeta Rohatgi, AOR Ms. Samten Doma, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.06.2019 passed by the Division Bench of the High Court at Calcutta in A.P.D. No. 265/2017 with G.A. No. 1216/2016 with G.A. No. 218/2013 in Civil Suit No. 354/2012, by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the order dated 22.03.2016 passed by the learned Single Judge allowing the application under Order 7 Rule 11 CPC rejecting the plaint on the ground that the suit before the learned Single Judge (original side) would not be maintainable as per the provisions of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the ‘Act 1997’) the original plaintiff-landlord has preferred the present appeals.

2. The facts leading to the present appeals in a nutshell are as under:

    That by a Tenancy Agreement dated 6.5.1993, the appellant-original plaintiff-landlord inducted the respondent/defendant as tenant in respect of a showroom admeasuring 1700 sq. ft. on the ground floor of a prime location of Kolkata being the arcade of the Hotel Oberoi Grand at Premises No. 15/2, Jawaharlal Nehru Road, Kolkata. Under the Tenancy Agr

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