In Brief
The Kolkata Port Trust sought to evict unauthorised occupants from its premises and recover unpaid rent. The tenants filed a civil suit for a declaration and injunction, but the Port Trust challenged the plaint's maintainability. The trial court rejected the plaint; the appellate court reversed this. The High Court dismissed the Port Trust's revisional application. The Court held that at the plaint-rejection stage, substantive defences (such as statutory bars) cannot be determined; these must be decided during the suit itself. The Court also clarified that certain statutory pre-suit notice requirements apply only to actions taken under specific Acts, not to eviction proceedings under different statutes."
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