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Supreme Court of India 2019-04-09 partly_allowed

PRADEEPKUMAR GORDHANDAS PATEL vs CHANDRAKANT JIVANLAL PATEL

Bench: 2 — R. Banumathi, R. Subhash Reddy

In Brief

The appellant purchased a property and claimed to be in possession but faced an eviction application under the Presidency Small Causes Courts Act, 1882. He sought a stay of the eviction proceedings; the Small Causes Court refused. The High Court dismissed his review petition but additionally directed him to vacate the property. The Supreme Court set aside the eviction direction, holding that the High Court exceeded its authority by anticipating a decision that remained pending before the lower court. The matter was remitted to the Small Causes Court to decide the eviction application on its merits within three months."

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Landlord and Tenant Small Causes Courts Judicial Review Civil Procedure

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