Bengal Ambuja Housing Development Ltd. Vs. Pramila Sanfui and Ors.
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Head Note
Constitution of India, 1950 - Article 136
Special Leave Petition - Maintainability - Earlier SLP filed by the appellant Bengal Ambuja Housing Development Ltd. was dismissed with liberty accorded to it to file appropriate petition before the High Court- Review petition filed dismissed - Appeal by filed by appellant Housing Board - Order of temporary injunction passed in the original suit proceedings in respect of the property in dispute without impleading either the vendors of the appellant Housing Board or the heirs of the late 'G' to the original suit -Held that proceedings cannot be said to have a binding effect on the appellant Housing Board - Appellant Housing Board or its lessee or any other person claiming through it, as it was not a party to the proceedings and it did not challenge the said order earlier before this Court and therefore the Civil Appeals filed by it are maintainable.
The Code of Civil Procedure, 1908 - Order XXXIX Rule (1) , Rule (2)
West Bengal Acquisition of Estates Act, 1953, Sections 6, 57 - B (2)(a), (b) and (c)-Bar of Jurisdiction of Civil Court - Original owner in the instant case, late 'G' was an intermediary in khas possession of the land in question in terms of Section 6 of the Act, 1953 - In view of the fact that the right, title and interest upon the disputed property has been settled in favour of the vendors of the appellant Housing Board, who are the legal heirs of the late 'G', who was an intermediary of the land in question in terms of Section 6 of the Act, 1953, adding of the property in question to the suit schedule property in dispute cannot be the subject matter of partition in view of the express provisions of the Act, 1953 which excludes the jurisdiction of the civil court in respect of any rights in such estate as entry in record of rights is published - Learned Subordinate Judge did not have the jurisdiction to entertain any suit with respect to the said property, in light of the provision of Section 57B (2)(a), (b) and (c) of the Act, 1953 - Same is erroneous in law and therefore, liable to be set aside as the said order is not binding on the appellant.
Topic(s)-Jurisdiction of Civil Court - Bar on - Decision not binding ,