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march 1993

Supreme Court of India · 1993-03-02

LAXMAN MAROTRAO NAVAKHARE vs KESHAVRAO

Citation / case number
SC 1983/64592
Court
Supreme Court of India
Petitioner
LAXMAN MAROTRAO NAVAKHARE
Respondent
KESHAVRAO
Author
SINGH N.P.
Bench
SINGH N.P.

Judgment text excerpt

The Supreme Court held that Article 136 of the Constitution does not convert the Court into a court of appeal merely by entertaining a special leave petition. The Court clarified that the discretionary power under Article 136 does not confer a right of appeal, and thus, the dismissal of the special leave petition does not equate to passing a decree for eviction. The Court also addressed the applicability of Clause 13-A of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, stating that the respondent must produce written permission from the Controller for eviction, which was not provided in this case.

LAXMAN MAROTRAO NAVAKHARE vs KESHAVRAO · Niyam