Supreme Court of India · 2019-04-09
Pradeepkumar Gordhandas Patel vs Chandrakant Jivanlal Patel
- Citation / case number
- AIRONLINE 2019 SC 331
- Court
- Supreme Court of India
- Petitioner
- Pradeepkumar Gordhandas Patel
- Respondent
- Chandrakant Jivanlal Patel
- Author
- R. Subhash Reddy
- Bench
- R. Subhash Reddy, R. Banumathi
Judgment text excerpt
The Supreme Court held that the High Court erred in directing the appellant to vacate the premises while dismissing the Special Civil Application under Article 227 of the Constitution of India, as no order was passed under Section 41 or Section 43 of the Presidency Small Causes Act, 1882. The Court emphasized that the pending suit for specific performance and execution of the sale deed must be considered before any eviction order is issued. Consequently, the Court set aside the High Court's direction to vacate the premises, reaffirming the necessity of due process in eviction matters.