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.