VidhiSangh

Supreme Court of India · 10/05/2019

KUMUD W/O MAHADEORAO SALUNKE versus SHRI PANDURANG NARAYAN GANDHEWAR THROUGH LRS. & ORS.

[2019] 7 S.C.R. 941 · 2019 INSC 667

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The High Court should not have remanded a landlord’s application for permission to evict merely because the Slum Authority’s order lacked consideration of the statutory factors. The appellate authority had considered those factors in sufficient detail after hearing the parties, and both the prior rent-control permission and the subsequent eviction decree had attained finality. In these circumstances, interference under Article 227 was unwarranted.

Issues

  1. Whether the High Court should have remanded the eviction-permission proceedings despite detailed appellate consideration and a final eviction decree.

Held

Result

Appeal allowed. High Court judgment dated 19 June 2014 set aside; appellate authority’s order dated 31 October 2002 confirming eviction permission restored. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 941.