RENT ACT

Lease – Whether parties  are governed by Transfer of Property Act, 1882 because the lease was executed when the Tenancy Act, was not in force or would be governed by the tenancy act which was in force  on the date of filing of the suit –  Applicability of enactments – Lease executed in 1992  - Tenancy Act came into force in 1997 – Suit filed in 2007 – On account of default in payment of lease money, a suit instituted for recovery of khas possession  - Application filed under Order 7 Rule 11 for rejection of plaint for non-issuance of statutory notice under Section 6(4) of West Bengal Tenancy Act, 1997 – Whether parties  are governed by the provisions of Transfer of Property Act, 1882 because the lease was executed in 1992 when the West Bengal Tenancy Act, 1997 was not in force or whether the suit being filed in  2007 would be governed by the tenancy act when the West Bengal Tenancy Act, 1997 was in force – Preliminary issue ordered to be framed – Rent – Tenancy - West Bengal Tenancy Act, 1997 - Transfer of Property Act, 1882. (2018)2 SC e@Journal 1870

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