Case Note & Summary
The dispute arose from a suit filed by a landlord against tenants for a mandatory injunction due to alleged structural changes made to the rented premises, which resulted in damage to the property. The Trial Court found in favor of the landlord, granting a decree for mandatory injunction on 31.3.1998. The tenants appealed this decision, but the Senior Civil Judge dismissed the appeal on 19.12.1998. Subsequently, the tenants filed a Second Appeal in the High Court of Delhi, which was dismissed on 12.4.1999, as the court found no substantial question of law involved. The tenants then sought special leave to appeal to the Supreme Court. The Supreme Court, after reviewing the case, agreed with the High Court's assessment that the issues were factual in nature and did not raise substantial questions of law under Section 100 of the Code of Civil Procedure, 1908. The court noted that the alterations made by the tenants included lowering the floor level and removing structural pillars, which were deemed to have caused damage to the property. The Supreme Court dismissed the appeal, stating that the High Court was justified in its decision. The counsel for the appellants expressed willingness to comply with the decree, and the court indicated that the executing court might grant time for compliance if satisfied with the appellants' bona fides.
Headnote
A) Civil Procedure - Substantial Question of Law - Dismissal of Second Appeal - Code of Civil Procedure, 1908, Section 100 - The High Court dismissed the Second Appeal on the ground that no substantial question of law was involved, as all findings were either pure findings of fact or mixed questions of law and fact. The Supreme Court concurred with this finding, affirming the dismissal of the appeal (Paras 1-4).
Issue of Consideration
Whether the High Court erred in dismissing the Second Appeal for lack of substantial question of law.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that no substantial question of law was involved.
Law Points
- Substantial question of law
- mandatory injunction
- findings of fact
- Code of Civil Procedure
- 1908 (CPC) Section 100
