NDLI: Kumud W/o Mahadeorao Salunke Vs. Shri Pandurang Narayan Gandhewar Through Lrs. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Transfer of Property Act civil suit attained finality attained fi art 227 permission to evict 1882 s.108 Maharashtra Slum Areas
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Maharashtra Slum Areas (improvement, Clearance and Redevelopment Maharashtra Rent Control Act, 1999 (18 of 2000) Transfer of Property Act, 1882 (4 of 1882) 1971 (28 of 1971)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	C.P. and Berar Letting of Houses and Rent Control Order, 1949 – Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – s.22 – Transfer of Property Act, 1882 – s.108 – Appellant-landlord sought permission to evict the respondent – Slum Authority granted the permission – Appeal preferred by the respondent, was dismissed by the Appellate Authority – After securing permission from the slum Authority, a civil suit was filed by the appellant seeking eviction of the respondent – Suit was dismissed by the trial court – However, regular civil appeal was allowed by the Appellate Court – Decree passed by the Appellate Court attained finality – In the meantime, respondent filed writ petition challenging the permission granted by the Slum Authority as confirmed by the Appellate Authority – Writ petition was allowed by the High Court – On appeal, held: The Slum Authority granted the permission to evict the respondent – In appeal, matter was dismissed by the Appellate Authority – Thereafter, civil suit seeking eviction also attained finality – In the circumstances, there was no reason for the High Court to interfere in its jurisdiction u/Art.227 of the Constitution as the respondent had opportunity at every stage to present his case and whether the requirements of s.22(4) of the Act, 1971 stood satisfied or not was a matter which was dealt with by the Appellate Authority in sufficient detail – Thus, judgment and order of the Appellate Authority restored – Maharashtra Rent Control Act, 1989.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 667
Petitioner	Kumud W/o Mahadeorao Salunke
Respondent	Shri Pandurang Narayan Gandhewar Through Lrs. & Ors.
SCR	[2019] 7 S.C.R. 941
Judgement Date	2019-05-10
Case Number	4873

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Kumud W/o Mahadeorao Salunke Vs. Shri Pandurang Narayan Gandhewar Through Lrs. & Ors.

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Kumud W/o Mahadeorao Salunke Vs. Shri Pandurang Narayan Gandhewar Through Lrs. & Ors.

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