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PARTHIVJYOTI SAIKIA
Native Tree Developers Pvt Ltd – Appellant
Versus
Md. Salim Khan Son Of Md. Sahabuddin Khan – Respondent
JUDGMENT :
Heard Mr. R.L. Yadav, learned counsel representing the petitioner as well as Mr. R.K. Bhuyan, learned counsel representing the respondents.
2. This is an application under Article 227 of the Constitution of India challenging the order dated 27.03.2023 passed by the learned Civil Judge No.2, Kamrup(M) in Misc. (J) Case No.115/2022 arising out of Title Suit No.353/2020.
3. The factual matrix giving rise to this petition lies within a very short campus. The respondent Md. Salim Khan and Md. Jahanuddin Ahmed purchased two plots of land attached to each other. Jahanuddin Ahmed handed over his portion of the land to the petitioner company for construction of a building. Salim Khan alleges that while the petitioner company was building a structure on the land of Jahanuddin Ahmed, encroached upon his land and started construction work of the building on his land.
4. Salim Khan filed the suit for declaration of his right, title and interest as well as for recovery of possession. Salim Khan also prayed for an injunction and the trial court allowed the prayer for injunction. On a prayer of Salim Khan, the trial court directed police to implement the injunction order.
5. The petitioner c
The High Court under Article 227 does not reconsider factual errors of inferior courts unless findings are perverse or unjust, maintaining supervisory authority without delving into case merits.
Issue regarding rent shall be decided by City Civil Court at the time of adjudication of suit for eviction of respondent.
Issue regarding rent shall be decided by City Civil Court at the time of adjudication of suit for eviction of respondent.
The supervisory jurisdiction under Article 227 does not permit a re-evaluation of evidence but only addresses substantial legal errors affecting justice.
The High Court's supervisory jurisdiction under Article 227 is limited to ensuring subordinate courts act within their authority, not to correct mere errors of law or fact.
The power of superintendence of the High Court over subordinate courts is to be exercised sparingly and only in appropriate cases to keep the Subordinate Courts within the bounds of their authorities....
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