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High Courts can`t interfere in property/rent rows: SC

Last Updated: Tuesday, July 27, 2010 - 00:41

New Delhi: The Supreme Court had held that
High Court cannot interfere in civil disputes like eviction of
tenants or property rows as such issues are to be dealt by
civil courts.

Citing its earlier rulings, the apex court said the writ
jurisdiction enjoyed by the High Courts under Article 226 to
pass any directive to the authorities for enforcing the
fundamental right of a citizen cannot be used in private
disputes unless there is an statutory connotation to it.

"In some cases, High Courts, in a routine manner,
entertain petition under Article 227 over such disputes and
such petitions are treated as writ petitions.

"We would like to make it clear that in view of the law
referred to above in cases of property rights and in disputes
between private individuals, writ court should not interfere
unless there is any infraction of statute or it can be shown,
that a private individual is acting in collusion with a
statutory authority," a Bench of Justices G S Singhiv and A K
Ganguly said in a judgement.

The apex court passed the judgement while dismissing the
appeal filed by Shalini Shyam Shetty, a tenant challenging
the eviction direction passed by the lower court and upheld
by the Bombay High Court.


First Published: Tuesday, July 27, 2010 - 00:41

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