Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India - Art. 227 - Supervisory jurisdiction - Exercise of by the High Court - Eviction matter - Rounds of litigation - Writ petition by tenant u!Art. 227 challenging the four orders of trial court/executing court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India - Art. 227 - Supervisory jurisdiction - Exercise of by the High Court - Eviction matter - Rounds of litigation - Writ petition by tenant u/Art. 227 challenging the four orders of trial court/executing court- High Court interfered with the four orders impugned and allowed the petition - Case remanded to trial court for deciding the eviction petition de novo on merits with directions to trial court to allow the applications filed by tenant - Justification of - Held: High Court erred in entertaining the tenant's writ petition as also in exercising its supervisory jurisdiction by interfering in the orders impugned therein - On facts or/and in law, no case made out by tenant on the merits - High Court should have dismissed the writ petition in limine since all the four orders impugned in the writ petition were amenable to their challenge before the appellate authority - Writ petition was not the proper remedy without first filing the appeal - Further, the High Court should have appreciated the that the eviction decree had stood executed and possession was already delivered to the landlord of all the suit shops - Litigation had come to an end leaving no Lis pendens- Furthermore, not a case where tenant was unaware of the eviction proceedings pending or/and decided against h_im nor a case that he was never afforded any opportunity - Also High Court had no jurisdiction to issue directions to trial court to pass a particular order by allowing the application - Kerala Buildings (Lease and Rent Control) Act, 1965 - ss. 11 (2)(b) and 11(3). Rent control and eviction - Rent Laws - Object of - Held: Is to ensure speedy disposal of eviction cases between the landlord and tenant and especially where the landlord seek eviction for his bona fide need - Due attention to be paid by courts to ensure speedy disposal of eviction cases. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 623 |
Petitioner | Hameed Kunju |
Respondent | Nazim |
SCR | [2017] 6 S.C.R. 375 |
Judgement Date | 2017-07-17 |
Case Number | 9151 |
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