BENGAL AMBUJA HOUSING DEVELOPMENT LTD. versus PRAMILA SANFUI AND ORS.

BENGAL AMBUJA HOUSING DEVELOPMENT LTD. versus PRAMILA SANFUI AND ORS.

Order of temporary injunction and police protection cannot be granted or enforced against the appellant Housing Board which was neither a party to the original suit nor to the proceedings amending the suit schedule; the suit had abated as to the predecessor-in-interest, and civil court had no jurisdiction in light of statutory bar stated in Section 57B(2) of the West Bengal Estates Acquisition Act; inclusion of the Housing Board property by amendment to the suit schedule was erroneous and set aside.

Parties
Appellant: Bengal Ambuja Housing Development Ltd.; Appellant: West Bengal Housing Board; Respondents: Pramila Sanfui and others
Jurisdiction
India
Judgment Date
18 September 2015
Procedural Posture
Civil Appeal / Final (from High Court of Calcutta, Judgments Dated 21.11.2014 and 19.12.2012)
Outcome
Appeals of the appellant Housing Board allowed; temporary injunction set aside as against appellant; all interlocutory applications disposed of; appeals by Bengal Ambuja Housing Development Ltd. disposed of as unnecessary.
Legal Topics
Temporary Injunction, Jurisdiction of Civil Court, Partition Suit, Bar Under Specific Statute
Civil Procedure Property Law Temporary Injunction Jurisdiction of Civil Court Partition Suit Bar Under Specific Statute

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Parties

Bengal Ambuja Housing Development Ltd.

Appellant

West Bengal Housing Board

Appellant

Pramila Sanfui and others

Respondents

Procedural Posture

Civil Appeal / Final (from High Court of Calcutta, Judgments Dated 21.11.2014 and 19.12.2012)

Legal Issues

  1. 1 Whether a temporary or permanent injunction can be granted against parties not impleaded to a suit under Order XXXIX Rules 1 and 2, Code of Civil Procedure, 1908
  2. 2 Whether civil courts have jurisdiction over properties held by intermediaries under Section 6 of the West Bengal Estates Acquisition Act, 1953, in view of Section 57B(2) of the Act
  3. 3 Whether inclusion of the Housing Board property in the partition suit by amendment was permissible

Ratio Decidendi

Order of temporary injunction and police protection cannot be granted or enforced against the appellant Housing Board which was neither a party to the original suit nor to the proceedings amending the suit schedule; the suit had abated as to the predecessor-in-interest, and civil court had no jurisdiction in light of statutory bar stated in Section 57B(2) of the West Bengal Estates Acquisition Act; inclusion of the Housing Board property by amendment to the suit schedule was erroneous and set aside.

Court Disposition

Appeals of the appellant Housing Board allowed; temporary injunction set aside as against appellant; all interlocutory applications disposed of; appeals by Bengal Ambuja Housing Development Ltd. disposed of as unnecessary.

Orders

  • Temporary injunction and police protection orders set aside as against appellant Housing Board; not binding or enforceable against them or their agents.
  • Property of appellant Housing Board wrongly included in the partition suit is not subject to the suit schedule by the impugned amendment.