Supreme Court of India

Shalini Shyam Shetty and Another v. Rajendra Shankar Patil

Neutral citation

Reported as [2010] 8 S.C.R. 836

Bench G.S. Singhvi and Asok Kumar Ganguly JJ.

Decided 23 July 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

10 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons aforesaid, it is held that the High Court committed an error in entertaining the writ petition in a dispute between landlord and tenant and where the only respondent is a private landlord. 1-he course adopted by the High Court cannot be approved.

Judgment, page 43

From the headnote

Constitution of India, 1950: Articles 226, 227 and 32 - Dispute between landlord and tenant- Writ petition by tenant challenging the decree passed by trial court and affirmed by first appellate court - Dismissed by High Court - On appeal, held: High Court erred in entertaining the writ petition - In cases of property rights and 0 in disputes between private individuals writ court should not interfere unless there is any infraction of statute or it can be shown, that private individual is acting in collusion with a statutory authority - Writ petition was filed in a pure dispute between

Authorities it was built on

1986 Chandavarkar Sita Ratna Rao v. Ashalata S. Guram cited by 15
1967 Sarpanch,. Lonand Grampanchayat v. Ramgiri Gosavi & Anr. cited by 5
1970 Jijabai Vithalrao Gajre v. Pathankhan & Ors. cited by 3

Where later benches applied it

2015 Radhey Shyam & Anr. v. Chhabi Nath & Ors. relied on
2014 Iswarlal Mohanlal Thakkar v. Paschim Gujarat Vij Company Ltd. & Anr. relied on
2013 Union of India & Ors. v. Debts Recovery Tribunal Bar Association & Anr. relied on
2011 Devinder Singh v. Municipal Council, Sanaur relied on
2026 P.suresh v. D.kalaivani referred to
2022 Sanjay Gupta & Ors v. State of Uttar Pradesh through its Chief Secretary & Ors referred to
2019 Santosh Chaturvedi v. Kailash Chandra & Anr. referred to
2018 Asian Resurfacing of Road Agency Pvt. Ltd. & Anr.v. Central Bureau of Investigation v. Central Bureau of Investigation referred to
2017 Girlsh Kumar Suneja v. C.B.L. referred to
2012 Raheja Unviersal Limited v. Nrc Limited & Ors. referred to

Of those, 4 relied on · 6 referred to

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