High Court of Calcutta

Momtaz Begum v. Madan Hait

MANU/WB/0682/2015

19.08.2015

Tenancy

Civil Courts in West Bengal have authority to entertain tenant's application for repair of premises

The West Bengal Premises Tenancy Act, 1997 does not exclude jurisdiction of the Civil Court in an application to facilitate urgent repair work. A civil suit for declaration of tenancy rights was filed by the tenant, with an application for repair of the premises filed subsequently. The landlord contended that the Civil Court did not have jurisdiction, which rested with the rent controller, to commission a local investigation of the premises. On an harmonious interpretation of the Act, 1997, the Court held that the law did not ascribe to a 'multiplicity of proceedings', and the Civil Court's jurisdiction in such matters was not excluded.

Relevant

Raja Ram Kumar Bhargava (Dead) by Lrs. vs. Union of India (UOI) MANU/SC/0370/1987
Suman Ghosh vs. Ramlal Choudhury MANU/WB/0281/2004
Lala Ram Swarup and Ors. vs. Shikar Chand and Anr. MANU/SC/0338/1965

Tags : Tenancy civil court jurisdiction

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