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Supreme Court of India 2018-10-23 allowed

Shrikant vs Narayan Singh (Dead) Thr. Lrs. & Ors

Bench: 2 — Banumathi

In Brief

A landlord sued to evict his tenant and recover rent. The trial court decreed the suit, but the first appellate court reversed on the ground that the landlord-tenant relationship was not proved. In a second appeal, the High Court framed two specific legal questions but instead of answering them, examined the validity of the quit notice—an issue neither before it nor framed as a question of law. The Supreme Court held that an appellate court must directly address the questions it frames and cannot decide unframed issues. The appeal was allowed and the matter remitted to the High Court to reconsider the properly framed questions of law.

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Civil Procedure Landlord and Tenant Appellate Jurisdiction Eviction

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