Eden Realty Ventures Pvt. Ltd vs Life Insurance Corporation Of India on 2 January, 2020
52. As regards the decision reported at AIR 2008 (Cal) 285 [Pannalal Sagarmal vs.
Central Bank of India], the same was rendered in the limited of context of a
right to defence having been disclosed in an eviction proceeding under
chapter XIII‐A of the Rules of the Original Side of this Court. In the said case,
apparently an objection was raised that no notice, as contemplated under
Section 106 of the Transfer of Property Act, was issued at all. Not only did the
Coordinate Bench merely hold that an arguable case had been made out in
defence, justifying a trial, the judgment was also oriented on the question as
to there being a jural relationship of lessor and lessee between the parties.
The learned Single Judge kept the question open, however, to be decided on
merits at the trial.