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july 1987

Supreme Court of India · 1987-07-21

DMAI vs

Citation / case number
SC 1980/63132
Court
Supreme Court of India
Petitioner
DMAI
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that the High Court's interference under Article 227 of the Constitution must be limited and cannot overturn factual conclusions of lower courts unless they are perverse or based on no evidence. The Court reinstated the eviction order against the tenant for unauthorized permanent structures under Clause (p) of Section 108 of the Transfer of Property Act, 1882, and Section 13(1)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1974. The judgment emphasized that the determination of whether a structure is permanent depends on the facts of each case.

DMAI vs · Niyam