Supreme Court accepts caveat & gives 3 months time to vacate house

This is about tenant-landlord dispute. The landlord won his case in High Court (but we had won in the lower court and he appealed to High Court) and we filed a petition with supreme court ; however he had filed a caveat which the Supreme Court accepted (our petition was dismissed). Supreme court gave us time of 3 months to vacate the flat. Do I have any other recourse to get justice? . Can I take this matter up with the Supreme Court Bench because the landlord is trying to force us out. I don't know on what basis the Supreme Court dismissed our petition (and accepted his caveat). please provide some guidance. I am of Hindu religion.

Answers (5)

93 votes

Hello client hru.
I have read Ur query in which u are facing a discrimination from the side of a supreme court of India judgement which is against u as a tenant unhave got 3 months time to vacate the property as Ur have won the case in lower court as u are saying in this matter unhave very limited time time to get relief . immediately you have eto opt for other remedy.

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178 votes

I believe your SLP was dismissed by the Hon'ble Supreme Court, there are not much options available now apart from filing a review petition before the Supreme Court. Your landlord had a right to file caveat. Since you had won in the trial court, I believe there are merits in your case which may have been overlooked. Kindly share the relevant case papers to enable me to advise you properly.

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272 votes

After the dismissal of Special leave Petition by Supreme Court the only remedy is to file a Review Petition under Art. 137.
The Review shall be listed before the same judges in chamber by circulation.
However it is not advisable to file review. As there is very narrow chance of its admission.
And further can be advised only by going through the paper book of SLP.
Hope the answered the question.

91 votes

From what I have understood, your Special Leave Petition has been dismissed by the Supreme Court. Your only remedy now is to file a review petition under Article 137 of the Constitution against the said dismissal on any one or all of the following grounds:

1. There had been discovery of new evidence.
2. There is an error apparent on the face of the record.
3. There exist other signally cogent reasons.

So please file a review petition if you want to challenge the dismissal of your SLP. As for the reasons of the said dismissal, you need to go through the order disimissing your SLP.

242 votes

Firstly, religion has nothing to do with the dispute in question. Secondly, caveat is merely a request to the Court to give intimation and hear the party out before taking any decision.

Since we do not have the copy of the dismissal order, we cannot effectively comment on that but you can file a REVIEW PETITION in the Supreme Court urging the Court to reconsider the matter.

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