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Supreme Court of India · 2000-03-01

MOHAN AMBA PRASAD AGNIHOTRI & ORS. vs BHASKAR BALWANT AHER (D) THROUGH LRS. C

Citation / case number
SC 1999/60554
Court
Supreme Court of India
Petitioner
MOHAN AMBA PRASAD AGNIHOTRI & ORS.
Respondent
BHASKAR BALWANT AHER (D) THROUGH LRS. C
Author
SYED SHAH MOHAMMED QUADRI
Bench
S.S.M.Quadri S.Rajendra Babu

Judgment text excerpt

The Supreme Court addressed the appeal against the High Court's judgment in Writ Petition No.4188 of 1989, which reversed the eviction decree granted by the lower courts based on four grounds: bona fide personal requirement, change of user, imprudent use, and nuisance. The Court held that the High Court exceeded its supervisory jurisdiction under Article 227 by re-evaluating factual findings without evidence of perversity. Consequently, the Court reinstated the eviction order, affirming the lower courts' findings on change of user and nuisance.

MOHAN AMBA PRASAD AGNIHOTRI & ORS. vs BHASKAR BALWANT AHER (D) THROUGH LRS. C · Niyam