SUPREME COURT OF INDIA
AHSANUDDIN AMANULLAH, S.V.N. BHATTI, JJ
M/S WADHWANA – Appellant
Versus
CELICA DEVELOPERS PRIVATE LTD. – Respondent
Heard Mr. Ranjit Kumar, learned Senior Counsel for the petitioner and Mr. Rajiv Shakdher, learned Senior Counsel for the respondent.
2. The petitioner challenges the order dated 01.07.2025 passed by the High Court of Calcutta in First Appeals bearing F.A.No. 156 of 2022 with COT No. 33 of 2018 with F.A.T No. 66 of 2017, by which the suit filed by the respondent was decreed, and the order dated 06.01.2017, passed by the trial Court in Title Suit No. 554 of 2008 with Title Suit No. 1973 of 2008, was set aside. The High Court also directed the eviction of the petitioner. To preface, we notice that the controversy is on the applicability of the Transfer of Property Act, 1882 (hereinafter referred to as the ‘TPA’) or the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the ‘Act 1997’). The decision depends on a few admitted circumstances and the order dated 24.04.1984 passed by this Court in SLP(C)No. 3186 of 1984.
3. Mr. Ranjit Kumar, learned Senior Counsel argues that the admitted position is that the basic rent of the demised premises is Rs.2,000/-(Rupees Two Thousand) per month. An additional amount of Rs.11,000/-(Rupees Eleven Thousand) is paid for the air conditi
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