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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U. Deshmukh, J.
Suresh Mathew Thomas – Appellant
Versus
Ecgc Limited – Respondent
JUDGMENT :
1. Rule. With consent, Rule made returnable forthwith and taken up for final disposal. Common submissions were advanced and both Review Petitions are being disposed of by this common judgment.
2. Both the Review Petitions seek review of the common judgment dated 3rd July, 2024 passed by this Court in Civil Revision Application No.599 of 2023 and Civil Revision Application No.600 of 2023 quashing the judgments passed by the Appellate Bench of Small Causes Court on the ground of jurisdictional error thereby reversing the decree of eviction of Respondent.
3. The Review Petitioners were the original Plaintiffs in TE Suit No.74/81/2007 and TE Suit No.128/145/2007 seeking eviction of the Respondent pleading that the agreements dated 15th May, 1980, 7th February, 1981 and 1st July, 1981 were agreements to lease and there is neither valid lease deed executed between the parties nor any registered document. The monthly tenancy of the Respondent is not protected and the tenancy has been terminated by communication dated 23rd March, 2002.
4. The Respondent raised objection as to maintainability and jurisdiction. It was contended that the Respondent has exercised the right to purchase t
The review jurisdiction is limited to correcting errors apparent on the record, not to rehear arguments already considered.
A review is limited to correcting apparent errors in the record, not a re-evaluation of the case, reaffirming that findings must strike readily without extensive reasoning.
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
Misapplication of law in determining property possession constitutes sufficient grounds for modification in review proceedings under the Code of Civil Procedure.
Court can exercise its power of review only when there is an error apparent on the face of the record and an error which is to be fished out by a process of reasoning cannot be said to be an error ap....
The main legal point established in the judgment is that the validity of lease termination and quit notice must be judged in accordance with the provisions of Section 107 of the Transfer of Property ....
Landlords need only establish a better title than the tenant in eviction proceedings, and the powers of review are confined to addressing patent errors without reappraising previously settled materia....
A review application would be maintainable only on specific grounds such as discovery of new and important matter or evidence, mistake or error apparent on the face of the record, or for any other su....
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