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2024 Supreme(SC) 496

J. K. MAHESHWARI, SANJAY KAROL
Bijay Kumar Manish Kumar HUF – Appellant
Versus
Ashwin Bhanulal Desai – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rana Mukherjee, Sr. Adv. Ms. Vijaya Bhatia, Adv. Mr. Ganesh Shaw, Adv. Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee, Adv. Mr. Rohit Bansal, Adv. Ms. Kshitij Singh, Adv. Mr. Samarth Mohanty, Adv. Mr. Arjun Bhatia, Adv.
For the Respondent(s): Mr. Rupak Ghosh, Adv. Mr. Debdut Mukherjee, Adv. Ms. Sonia Dube, Adv. Mr. Shatadru Chakraborty, Adv. Ms. Kanchan Yadav, Adv. Mr. Tanishq Sharma, Adv. Ms. Saumya Sharma, Adv. M/S. Legal Options, AOR

1. These petitions for special leave to appeal seek to lay a challenge to the judgment and order dated 7th November 2019 passed in C.O.Nos.1582-85 of 2019 by the High Court of Calcutta. The learned Single Judge while deciding the issue as to whether the West Bengal Tenancy Act, 19971[Tenancy Act] or the Transfer of Property Act, 18822[T.P. Act] was to be applied for framing of the issues in the instant landlord-tenant dispute, held that the Tenancy Act would govern the same.

2. Impugning the judgment of the learned Single Judge, the present Special Leave Petitions were filed before this Court. However, the reasoning adopted therein is not within the scope of the present adjudication. During the pendency of these Special Leave Petitions interlocutory applications have been filed seeking direction for payment of rent and other associated benefits in connection with the property which is the subject matter of the present dispute. It is these Interlocutory Applications that are sought to be disposed of by way of the present judgment.

3. It would, however, be apposite to have a bird’s eye view of the controversy. It is not in dispute that the lis governs four different tenancies. Due to a


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