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july 2009

Supreme Court of India · 2009-07-14

Dipali Dey(Baxi) vs Mira Das

Court
Supreme Court of India
Petitioner
Dipali Dey(Baxi)
Respondent
Mira Das
Author
Tarun Chatterjee
Bench
R.M. Lodha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction under Article 227 of the Constitution by interfering with the concurrent orders of lower courts that directed the restoration of electric supply to the appellant's tenanted premises. The Court emphasized that the question of tenancy would be determined during the trial, and since the appellant was in possession claiming to be a tenant, the electric supply should be restored. The Court set aside the High Court's order and restored the lower courts' decisions, directing the trial of related suits to be completed within six months.

Dipali Dey(Baxi) vs Mira Das · Niyam