Had there been any court above us, half our orders would have been overturned: Supreme Court


The Supreme Court said on Monday that if there was a court above us, half our orders would be overturned. The court made this remark while ordering a tenant to vacate the premises.

A bench of Justices Sanjay Kishan Kaul, Justice Dinesh Maheshwari, and Justice Hrishikesh Roy said that there should be an end to the filing of appeals against each order passed by the subordinate courts.

The Bench has clearly stated that the Supreme Court should be careful in intervening when the dispute has been settled uniformly by subordinate courts in a certain class or favor. The bench has said that in principle, the apex court should not interfere when the decision of all subordinate courts is the same.

The bench said, "If we start to look at each case with extreme care and affinity, then we will not be able to fulfill the duty which this court expects from us." There must be some continuity in decision making and if we start making exceptions then it will be a problem in itself. The bench also said that certain principles should be followed by the Supreme Court and cannot be said to interfere with the Fourth Court. At some point, it must end. If we had a court, 50 percent of our orders would also be overturned.

This is the case

The top court was hearing a tenant's appeal. The Delhi High Court had ordered the tenant Arya Kanya Pathshala to vacate the premises, which is challenged in the Supreme Court. Before the High Court, the Additional Rent Controller and Rent Control Tribunal also ordered Arya Kanya Pathshala to vacate the premises.

The petitioner appealed to take a humanitarian view

Senior advocate PS Narasimha, appearing for the school, urged the Supreme Court to take a humanitarian view in the matter as it is a matter related to the education of the students but the Supreme Court said that a similar order has been passed by the three subordinate forums, in such a situation It would not be appropriate for us to interfere. The Supreme Court dismissed the appeal and ordered to vacate the premises peacefully by 30 June.