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november 2009

Supreme Court of India · 2009-11-03

Dashrath Rao Kate vs Brij Mohan Srivastava

Citation / case number
AIR 2010 SUPREME COURT 897
Court
Supreme Court of India
Petitioner
Dashrath Rao Kate
Respondent
Brij Mohan Srivastava
Author
V.S. Sirpurkar
Bench
V.S. Sirpurkar, Markandey Katju

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 12(1)(c) of the M.P. Accommodation Control Act, ruling that the High Court erred in treating findings under Order XXII Rule 5 CPC as binding without assessing the plaintiff's locus standi on merits. The Court held that the evidence regarding the plaintiff's entitlement must be evaluated to determine if the decree was justified. Consequently, the appeal was allowed, overturning the High Court's decision and reinstating the Trial Court's decree.

Dashrath Rao Kate vs Brij Mohan Srivastava · Niyam