Suit for eviction - suit is maintainable before commercial division

Citation

AIROnline 2022 CAL 2029

Calcutta High Court

RAVI KRISHAN KAPUR , J.

IA - 1 of 2021 D/- 28 - 7 - 2022

E.D. Enterprises Private Ltd v. Kaiser Begum and Anr

Commercial Courts Act (4 of 2016), S.7 - Suit for eviction - Maintainability - Plea of tenant

that suit is not maintainable on Commercial Division of Court and should have been filed

in ordinary original civil jurisdiction - Suit was initially instituted before ordinary original

civil jurisdiction and it was because of tenant's application for rejection of plaint on ground

that dispute between parties was a commercial dispute that Court direction return of plaint

for presentation before Commercial Division - In view of such stand, tenant is estopped from

contending that suit is not maintainable before commercial division - Conduct of tenant shows

an intent to drive plaintiff landlord from pillar to post - Suit for eviction, held maintainable and

plea of tenant, rejected. Evidence Act (1 of 1872), S.116 -

 (Para 11)