Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Special Leave Petition Art. 136 tenants in occupation of the premises |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India: Art. 136 – Special Leave Petition by the tenants in occupation of the premises – Respondent no. 5 filed two IAs for perjury and one IA challenging the termination of the development agreement – During the pendency of the proceedings, the development agreement in favour of respondent No. 5 was terminated by Maharashtra Housing and Area Development Authority – New development agreement in favour of another developer has been entered into as the new developer has been appointed – Petitioner’s case that in view of the changed circumstances the cause of action did not survive which as such was against respondent No. 5 , and thus, the SLP be permitted to be withdrawn – Held: Copy of the fresh development agreement needs be furnished to the respective tenants by the present management – If any of the tenants is aggrieved by the terms and conditions of the fresh development agreement, it would be open for them to challenge the same before appropriate court/forum – Further, it would also be open for respondent No. 5 to challenge the termination of the development agreement – Taking into consideration the subsequent development and without prejudice to the rights and contentions of the respective parties in the proceedings to be initiated, the petitioners be permitted to withdraw the SLP unconditionally – SLP dismissed as withdrawn. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 131 |
Petitioner | S. M. Pasha & Ors |
Respondent | State Of Maharashtra & Ors. |
SCR | [2023] 2 S.C.R. 383 |
Judgement Date | 2023-02-17 |
Case Number | 4428 |
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