Supreme Court of India · 2009-07-14
Dinkar Sridhar Tamhankar vs Bhalchandra Sadashiv Kavadi
- Citation / case number
- AIR 2009 SC (SUPP) 2040
- Court
- Supreme Court of India
- Petitioner
- Dinkar Sridhar Tamhankar
- Respondent
- Bhalchandra Sadashiv Kavadi
- Author
- Tarun Chatterjee
- Bench
- R.M.Lodha, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that the High Court erred in allowing a review application that modified a decree for eviction based on bona fide requirement, as there was no error apparent on the record under Order XLVII Rule 1 of the CPC. The Court emphasized that the concurrent orders of the Small Causes Court and the High Court should not have been interfered with under Article 227 of the Constitution. Consequently, the Supreme Court restored the original eviction order in favor of the landlord-appellant.