In Brief
A tenant challenged an eviction decree through a writ petition after possession had been delivered to the landlord. The Supreme Court held that the High Court erred in entertaining the writ petition under Article 227 because the tenant had an alternative remedy of appeal. Once an eviction decree is executed and possession delivered, with the decree recorded as satisfied, the matter concludes and the High Court should not ordinarily intervene through supervisory jurisdiction absent jurisdictional defects. The Court also found the tenant, who was aware of proceedings but failed to appear, could not subsequently abuse the court process. The appeal was allowed, the writ petition dismissed, and the eviction upheld with costs.
The lawyer headnote and full judgment text are available to registered users.