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Roshina T v. Abdul Azeez K.T.

Civil Appeal · 2018 INSC 1142Decided 3 Dec 2018
Civil Appeal No. 11759 of 2018
Justice Abhay Manohar Sapre · Justice Indu Malhotra

Background

Two private individuals were disputing possession of a flat in Kozhikode, Kerala. Instead of filing a civil suit, the respondent filed a writ petition in the Kerala High Court seeking a mandamus directing the appellant to restore his possession of the flat, and the High Court's Division Bench granted that relief after examining the facts in detail.

Decision Breakdown

The Supreme Court held that a dispute over possession between two private individuals, turning on factual questions like who owned the flat and whether the respondent's possession was lawful, is not a matter that can be resolved through a writ petition under Article 226/227 of the Constitution. Such disputes require a full civil trial with evidence, and the High Court had effectively converted itself into a civil court by deciding detailed factual issues in writ proceedings, exceeding its extraordinary jurisdiction. The appeal was allowed, the High Court's order was set aside, and the writ petition was dismissed as not maintainable, with liberty given to either party to pursue the dispute through a proper civil suit.

Lesson Learnt

A writ petition under Article 226 is not a substitute for a civil suit: purely private disputes over property possession or ownership between individuals must ordinarily be resolved through a regular civil suit, not through a High Court's constitutional writ jurisdiction.

Official source (sci.gov.in)View Judgment (PDF)

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