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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.]Constitution of India – Art.227 – Jurisdiction of High Court– Scope of – Eviction petition filed by the appellant-landlady againstthe respondent-tenant on ground of bona fide need – Petitiondismissed by Rent Tribunal – Appellate Tribunal set aside the orderof the Rent Tribunal – High Court restored the order of the RentTribunal – Held: High Court while allowing the respondent’s writpetition held that the Appellate Tribunal allowed the appellant’sappeal with casual approach and failed to record any categoricalfinding on the plea of bona fide need – Having held that, the HighCourt had two options, either to remand the case to the AppellateTribunal for deciding the appeal afresh on merits or to decide thematter itself on merits – High Court ought to have resorted to thefirst option and remanded the case back to the Appellate Tribunal,since it was hearing the matter in its writ jurisdiction u/Art.227 andit was not possible to examine the issue on facts in detail like anAppellate Court – High Court committed error in not taking recourseto any option and without deciding the issue arising in the case onits merit, simply restored the order of the Rent Tribunal – There wasno factual finding recorded on the question of bonafide need –Case remanded to the Appellate Tribunal to be decided afresh onmerits – Rent Control and Eviction. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 1012 |
Petitioner | Kalpana Vyas |
Respondent | Raj Kumar Rangwani |
SCR | [2018] 13 S.C.R. 572 |
Judgement Date | 2018-10-29 |
Case Number | 10811 |
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