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Supreme Court of India 2019-02-04 allowed

Tek Singh vs Shashi Verma and Anr

Bench: 2 — R.F. Nariman

In Brief

Tek Singh, a tenant since 2004, disputed dispossession from a shop in Solan. Respondent No. 1 claimed a partnership interest and filed a Section 6 Specific Relief Act suit in 2013. The trial court and appellate court rejected the interim injunction application, finding no prima facie case. However, the High Court set aside these concurrent findings without proper justification. The Supreme Court held that the High Court exceeded its revisional powers under Section 115 CPC, which is limited to correcting jurisdictional errors only, not errors of fact. The appeal was allowed, and the judgments of the courts below were restored.

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Specific Relief Injunctions Civil Procedure Revisional Jurisdiction Property Law

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