SUBRATA KUMAR ROY Vs. OUTRAM CLUB

JUDGEMENT

(1.) THIS is an application under Chapter XIIIA of the Rules on the Original Side of this Court being heard on remand. This application was dismissed as one not covered by the provisions found in Chapter XIIIA of the Rules, but in the appeal arising out of the petition for special leave to appeal therefrom, the Supreme court has set aside the judgment and order earlier passed on this application.

(2.) IT is necessary that the Supreme Court order of March 7, 2007 be seen in its material part:

(3.) THE plaintiff's basis for seeking the decree for eviction in this suit is that the deed of lease of July 25, 1982 is void and cannot be relied upon by the defendants in view of Section 5 of the Transfer of Property Act, 1882. The plaintiff says that since the first defendant club is an unregistered society and the other defendants are members of an association which is not registered, the first paragraph of Section 5 of the said Act would not apply. The plaintiff contends that notwithstanding the document that appears at page 111 of the affidavit in support of the summons, the defendants have no right to retain possession of the premises.