OM PRAKASH AND ORS. versus SMT. SUNHARI DEVI AND ORS.

OM PRAKASH AND ORS. versus SMT. SUNHARI DEVI AND ORS.

The High Court, by reassessing the evidence and directing the appellate authority to decide the appeal afresh in the light of its observations, exceeded its legitimate jurisdiction under writ proceedings. Such interference was unwarranted and its observations, particularly those requiring the landlord to build...

Source-derived case information.

Parties
Appellant: Om Prakash and Ors.; Respondent: Smt. Sunhari Devi and Ors.
Jurisdiction
India
Judgment Date
02 March 1993
Procedural Posture
Civil Appeal / Appeal From High Court Decision in Writ Petition
Outcome
Appeal allowed
Legal Topics
Eviction, Writ Jurisdiction, Bonafide Requirement, Comparative Hardship
Landlord and Tenant Rent Control Eviction Writ Jurisdiction Bonafide Requirement Comparative Hardship

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Parties

Om Prakash and Ors.

Appellant

Smt. Sunhari Devi and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision in Writ Petition

Legal Issues

  1. 1 Whether High Court can reassess evidence in writ petition under Article 226
  2. 2 Whether findings of appellate authority regarding bonafide requirement and comparative hardship were perverse

Ratio Decidendi

The High Court, by reassessing the evidence and directing the appellate authority to decide the appeal afresh in the light of its observations, exceeded its legitimate jurisdiction under writ proceedings. Such interference was unwarranted and its observations, particularly those requiring the landlord to build alternate premises or to disclose residential accommodation, were not approved.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of High Court set aside
  • Order of appellate authority dated 26th November, 1990 restored