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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
Amalgamated Fuels Limited – Appellant
Versus
Bharat Petroleum Corporation Limited – Respondent
JUDGMENT :
KRISHNA RAO, J.
1. The defendant no.2 has filed an application being G.A. No. 1 of 2023 praying for rejection of plaint or in the alternative to dismiss the suit filed by the plaintiff being C.S. No. 191 of 2022.
2. The defendant no.2 has raised two issues in the present application i.e. (i) The suit filed by the plaintiff arising out of ‘commercial dispute’ but the plaintiff has filed the suit in the Ordinary Original Civil Jurisdiction, and (ii) The suit is barred by law as the defendant no.1 is a thika tenant in respect of the suit property.
3. Mr. Anirban Ray, Learned Senior Advocate representing the defendant no.2 submits that the defendant no.2 is a partnership concern involved in the purchase and sale of petroleum products and motor oils, having its principal place of business in the suit property. The defendant no.2 has three partners and the latest deed of partnership was entered between the partners on 2nd April, 2019.
4. Mr. Ray submits that by way of a registered lease deed dated 5th December, 1952, one Burmah Shell Oil Storage and Distribution Company was granted lease in respect of the suit property. He submits that the lease agreement was for immovable propert
A suit claiming eviction due to illegal occupation does not constitute a commercial dispute under the Commercial Courts Act, requiring only the Controller to determine thika tenancy.
A plaint must be read meaningfully to determine if it discloses a cause of action; issues of jurisdiction and limitation are to be resolved at trial.
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The Thika Tenancy Act bars Civil Court jurisdiction over tenant disputes; however, eviction suits against trespassers are maintainable.
(1) Though suit for eviction may not be maintainable against Thika Tenant, but suit against trespasser would not be barred under Thika Tenancy Act – In order to ascertain maintainability of suit Cour....
The court held that expired leases do not create continuing tenancies without mutual consent, rejecting claims based on former rental agreements and emphasizing statutory authority for tenure determi....
A Bharatia under a Thika Tenant is not a tenant within the meaning of the Premises Tenancy Act.
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