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Civil ProcedureSupreme Court of India

Shrikant v. Narayan Singh (Dead) Thr. LRs.

Civil Appeal · 2018 INSC 972Decided 23 Oct 2018
Civil Appeal No. 4451 of 2009
Justice R. Banumathi · Justice Indira Banerjee

Background

A landlord (Shrikant) sued his tenant for eviction and recovery of rent, which the Trial Court granted, finding a valid landlord-tenant relationship and a valid quit notice. The First Appellate Court reversed this, holding the landlord had not proved the tenancy, though it upheld the validity of the termination notice. The landlord then filed a second appeal before the Madhya Pradesh High Court, which framed two specific substantial questions of law for consideration.

Decision Breakdown

The Supreme Court found that the High Court, instead of answering the two substantial questions of law it had itself framed, went off on a different tangent and examined the validity of the quit notice: an issue that was not even before it and on which no question of law had been framed. Holding this approach legally unsustainable, the Supreme Court set aside the High Court's judgment and the connected review order, and remitted the second appeal back to the High Court to be decided afresh strictly on the substantial questions of law it had originally framed, after hearing both sides. The Court expressly clarified it had not expressed any view on the merits.

Lesson Learnt

A court deciding a second appeal must confine itself to the substantial questions of law it has formally framed; deciding the case on an unrelated point not raised as a framed question is a procedural error that can get the judgment set aside and sent back for a fresh decision.

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