Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 - s.115 - Revision - Interference with concurrent findings - Propriety of - Suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - s.115 - Revision - Interference with concurrent findings - Propriety of - Suit for recovery of possession by appellants-landlords on ground of bona fide need - Decreed by trial court - Appellate court concurred with the findings of trial court in to to and upheld the decree - However, High Court allowed the revision petition by tenants-respondents - On appeal, held: High Court cannot interfere with the concurrent factual findings while exercising jurisdiction u/s. 115, CPC unless there is illegal or irregular exercise of jurisdiction by the subordinate Courts - It is not open for the High Court to correct errors of facts or law unless they go to root of the issue of jurisdiction - On facts, the trial court and the appellate court passed reasoned orders well within the jurisdiction conferred upon them and thus cannot be regarded as perverse or based on no evidence - Further; each of the reasons given by the High Court in reversing the concurrent findings .were specious - Tenants. granted six months time to vacate the premises, subject to the filing of usual undertaking - Rent Control and Eviction. Rent Control and Eviction - Bona-fide need - Suit by landlord father on ground of bona-fide need of his two sons to start kirana business from the suit property - Held: Need felt by the father as head of the family that his sons should be settled in independent businesses was genuine |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2017 INSC 82 |
Petitioner | Ambadas Khanduji Shinde & Ors. |
Respondent | Ashok Sadashiv Mamurkar & Ors. |
SCR | [2017] 4 S.C.R. 966 |
Judgement Date | 2017-01-31 |
Case Number | 1525 |
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