GOJER BROS. PVT. LTD. versus RATAN LAL SINGH

GOJER BROS. PVT. LTD. versus RATAN LAL SINGH

Since the decree of the High Court was passed after the commencement of the West Bengal Premises Tenancy (Amendment) Act, 1968, the decree of the trial court merged in that of the High Court, and section 17D could have no application. Thus, the only decree to be executed is the one passed by the High Court after the relevant date, and the application to set aside the decree under section 17D is not maintainable.

Parties
Appellant: Gojer Bros. Pvt. Ltd.; Respondent: Ratan Lal Singh
Jurisdiction
India
Judgment Date
01 May 1974
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated May 31, 1971 of the Calcutta High Court in Civil Rule No. 2519 of 1970
Outcome
Appeal allowed
Legal Topics
Doctrine of Merger, Applicability of Statutory Amendments to Appellate Decrees, Eviction Suits, Limitation and Execution, Retrospective Amendment
Property Law Tenancy Law Doctrine of Merger Applicability of Statutory Amendments to Appellate Decrees Eviction Suits Limitation and Execution Retrospective Amendment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gojer Bros. Pvt. Ltd.

Appellant

Ratan Lal Singh

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated May 31, 1971 of the Calcutta High Court in Civil Rule No. 2519 of 1970

Legal Issues

  1. 1 Whether the decree of the trial court had merged in the decree of the High Court
  2. 2 Whether section 17D of the West Bengal Premises Tenancy (Amendment) Act, 1968 applies to a decree passed by the High Court after its commencement

Ratio Decidendi

Since the decree of the High Court was passed after the commencement of the West Bengal Premises Tenancy (Amendment) Act, 1968, the decree of the trial court merged in that of the High Court, and section 17D could have no application. Thus, the only decree to be executed is the one passed by the High Court after the relevant date, and the application to set aside the decree under section 17D is not maintainable.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court dated May 31, 1971 set aside
  • Order of the Munsif, Second Court, Alipore dated July 15, 1970 restored