SATYANARAYAN LAXMINARAYAN HEGDE AND OTHERS versus MILLIKARJUN BHAVANAPPA TIRUMALE

SATYANARAYAN LAXMINARAYAN HEGDE AND OTHERS versus MILLIKARJUN BHAVANAPPA TIRUMALE

The High Court was wrong in thinking that the alleged error in the judgment of the Bombay Revenue Tribunal was one apparent on the face of the record so as to be capable of being corrected by a writ of certiorari. An error requiring lengthy and complicated arguments is not an error apparent on the face of the record.

Parties
Appellant: Satyanarayan Laxminarayan Hegde and Others; Respondent: Millikarjun Bhavanappatirumale
Jurisdiction
India
Judgment Date
25 September 1959
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Bombay High Court
Outcome
Appeal allowed
Legal Topics
Writ of Certiorari, Error Apparent on the Face of the Record, Tenancy Termination, Requirement of Notice, Bombay Tenancy and Agricultural Lands Act, 1948, Constitution of India, Article 227
Civil Law Writ of Certiorari Error Apparent on the Face of the Record Tenancy Termination Requirement of Notice Bombay Tenancy and Agricultural Lands Act, 1948 Constitution of India, Article 227

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Satyanarayan Laxminarayan Hegde and Others

Appellant

Millikarjun Bhavanappatirumale

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Bombay High Court

Legal Issues

  1. 1 Whether there was an error apparent on the face of the judgment of the Bombay Revenue Tribunal so as to be quashed by a writ of certiorari
  2. 2 Whether notice by landlord is required to terminate tenancy under the Bombay Tenancy and Agricultural Lands Act, 1948

Ratio Decidendi

The High Court was wrong in thinking that the alleged error in the judgment of the Bombay Revenue Tribunal was one apparent on the face of the record so as to be capable of being corrected by a writ of certiorari. An error requiring lengthy and complicated arguments is not an error apparent on the face of the record.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of High Court set aside
  • Order of Bombay Revenue Tribunal restored