Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2009

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.

Dinkar Sridhar Tamhankar vs Bhalchandra Sadashiv Kavadi · Niyam