SC: Magistrates Should Not Record Prosecution Evidence in Sessions-Triable Cases  ||  Supreme Court Lays Down Guidelines on Using ITRs to Assess Motor Accident Victims' Income  ||  Supreme Court: Citing AI-Generated Fake Precedents Amounts to Advocate Misconduct  ||  Bombay HC: Horse-Trading Rampant in Maharashtra, FIRs 'Washed' After Switching Sides  ||  Tripura High Court: Senior Citizens Cannot be Penalised For Failing to Follow Cases Online  ||  Delhi High Court: Parent Cannot Gain Advantage by Keeping a Child Against a Foreign Court Order  ||  Allahabad HC: Places of Worship Act Bars Conversion of Religious Character, Not State Acquisition  ||  Jharkhand HC: Single Instance of Mother-In-Law Abusing Daughter-In-Law Does Not Amount to Cruelty  ||  Madras High Court: No Appeal Lies Against E-Court Status or Adjournment Orders  ||  Chhattisgarh HC: Judicial Officer Promotion Cannot be Denied on Complaint Without Disciplinary Action    

Momtaz Begum v. Madan Hait - (High Court of Calcutta) (19 Aug 2015)

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

MANU/WB/0682/2015

Tenancy

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  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved