ALLIANCE PROPERTIES AND INDUSTRIES LIMITED Vs. BINNY LIMITED

JUDGEMENT

(1.) This is an application for stay of hearing of the Suit No. 53 of 1986 (Alliance Properties & Industries Limited Vs. Binny Limited) and all proceedings thereunder till disposal of the appeal being F.A. No. 123 of 1996 (Binny Limited Vs. Alliance Properties Limited) pending before the Court of Appeal.

(2.) Long after framing of the issues as on Feb. 12, 1998 in July, 1998 the defendant contended that they have preferred an appeal from a prior suit which is pending before the Appeal Bench of Appellate Side of this Court.

(3.) But the question of both the suits are substantially same. The point involved herein is in connection with the construction of two documents and there is no necessity of any witness action. This Court observed that whether the tenancy will be governed by the Transfer of Property Act or West Bengal Premises Tenancy Act is the only question.