Heard Mr. Ranjit Kumar, learned Senior Counsel for the
petitioner and Mr. Rajiv Shakdher, learned Senior Counsel for the
respondent.
2
2. The petitioner challenges the order dated 01.07.2025
passed by the High Court of Calcutta in First Appeals bearing
F.A.No. 156 of 2022 with COT No. 33 of 2018 with F.A.T No. 66
of 2017, by which the suit filed by the respondent was
decreed, and the order dated 06.01.2017, passed by the trial
Court in Title Suit No. 554 of 2008 with Title Suit No. 1973
of 2008, was set aside. The High Court also directed the
eviction of the petitioner. To preface, we notice that the
controversy is on the applicability of the Transfer of
Property Act, 1882 (hereinafter referred to as the ‘TPA’) or
the West Bengal Premises Tenancy Act, 1997 (hereinafter
referred to as the ‘Act 1997’). The decision depends on a few
admitted circumstances and the order dated 24.04.1984 passed
by this Court in SLP(C)No. 3186 of 1984.