Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 136 |
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, 1950: Article 136 - Interference by Supreme Court - Suit for possession of premises by landlord alleging that the respondents were gratuitous licencees regarding one room and unauthorized encroachers in respect of the second room, decreed - Suit for permanent injunction by respondents that they were tenants - Trial court held that respondents continued in occupation as licencee and not as tenant - First appellate court holding that the appellants failed to prove that the respondents were gratuitous licensees or that they had encroached upon one room, decreed the suit for injunction by the first respondent - High Court upheld the order in second appeals - On appeal, held: Burden was on the respondents to establish that they were tenants and not licensees but the first appellate court wrongly placed the burden upon the appellants - None of the documents produced or relied upon by respondents evidenced tenancy or payment of rent - First appellate court failed to record any finding that respondents were tenants - Documents produced by the respondents which merely showed their possession were wrongly interpreted to hold that the appellants failed to prove that respondents were gratuitous tenants - High Court did not interfere on the ground that no question of law was involved - It failed to notice that the inferences and legal effect from proved facts is a question of law and the inferences drawn by the first appellate court were wholly unwarranted - Thus, the judgment of the first appellate court and the High Court are unsustainable and the findings of the trial court that respondents are gratuitous licencees was correct and justified -- Decree for possession of the suit portions granted by the trial court is restored. Article 136 - Jurisdiction under - Exercise of - Interference with findings of facts - When warranted - Stated. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 730 |
Petitioner | Dnyaneshwar Ranganath Bhandare & Anr. |
Respondent | Sadhu Dadu Shettigar (shetty) & Anr. |
SCR | [2011] 14 S.C.R. 187 |
Judgement Date | 2011-09-30 |
Case Number | 8400 |
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