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july 1992

Supreme Court of India · 1992-07-17

MANGALBHAI vs DR. RADHYSHYAM

Citation / case number
SC 1992/82352
Court
Supreme Court of India
Petitioner
MANGALBHAI
Respondent
DR. RADHYSHYAM
Author
N.M. KASLIWAL
Bench
N.M. KASLIWAL

Judgment text excerpt

The Supreme Court held that the writ petition filed by the landlord under Articles 226 and 227 was, in substance, under Article 226, allowing the maintainability of the Letters Patent Appeal. The Court clarified that the Single Judge's order, which set aside the decisions of the Rent Controller and the Resident Deputy Collector regarding habitual default and bona fide need, was indeed made under Article 226, thus enabling the appeal. The Court emphasized the need for a timely resolution of the long-standing litigation, deciding to hear the appeal on merits.

MANGALBHAI vs DR. RADHYSHYAM · Niyam