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july 2010

Supreme Court of India · 2010-07-05

M/S.Bhanwarlal Dugar & Ors vs Bridhichand Pannalal & Ors

Court
Supreme Court of India
Petitioner
M/S.Bhanwarlal Dugar & Ors
Respondent
Bridhichand Pannalal & Ors
Author
B. Sudershan Reddy
Bench
Surinder Singh Nijjar, B. Sudershan Reddy

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the concurrent findings of the Trial Court and Appellate Court regarding the eviction of a tenant for wilful default in rent payment under the provisions of the Code of Civil Procedure, specifically Section 115. The Court emphasized that the High Court exceeded its jurisdiction by reappreciating evidence and interfering with established facts, thereby upholding the eviction decree in favor of the landlords. The Court reaffirmed the principle that concurrent findings of fact by lower courts should not be disturbed unless there is a manifest error.

M/S.Bhanwarlal Dugar & Ors vs Bridhichand Pannalal & Ors · Niyam