Skip to main content

Pure finding of fact based on appreciation of evidence not to be interfered with, in exercise of jurisdiction

In Trilok Singh Chauhan Vs. Ram Lal (dead) thr. L.Rs. and Ors, appeal was been filed before the Supreme Court against the judgment of High Court by which judgment High Court has allowed the Revision and set aside the order passed by trial Court directing the eviction of the Respondent-tenant with recovery of rent and damages. High Court also made observation against the landlord that the motive of landlord is to secure the possession back and profit hunting. Appellant submits that, the High Court committed error in upsetting the findings of fact regarding rate of rent which was held by the trial Court as Rs. 1500/- per month but reversed by the High Court holding it to be Rs. 250/- per month only. The landlord aggrieved by the judgment has come up in this appeal.

In Mundri Lal v. Sushila Rani (Smt.) and Anr., Present Court held that, jurisdiction under Section 25 of the Provincial Small Cause Courts Act, 1887 is wider than the Revisional Jurisdiction under Section 115 of Code of Civil Procedure, 1908. But pure finding of fact based on appreciation of evidence may not be interfered with, in exercise of jurisdiction under Section 25 of Act. The Court also explained the circumstances under which, findings can be interfered with in exercise of jurisdiction under Section 25 of Act. There are very limited grounds on which there can be interference in exercise of jurisdiction under Section 25 of Act; they are, when (i) Findings are perverse or (ii) based on no material or (iii) Findings have been arrived at upon taking into consideration the inadmissible evidences or (iv) Findings have been arrived at without consideration of relevant evidences.

Present is not a case where High Court set aside the finding of the Trial Court on any of above grounds where Revisional Court under Section 25 of Act can interfere. High Court has not even referred to the reasons given by the trial Court while coming to the conclusion that, the rate of rent is Rs. 1500/- per month. Supreme Court is of the view that, judgment of the High Court is unsustainable.

Tenancy was terminated and landlord contemplated eviction of the tenant. There is no question of the waiver of eviction. Thus, the landlord was clearly insisting on termination of the tenancy and was also mentioning a cause of action of not handing over of the possession. In these circumstances, it cannot be held that, there was any waiver of relief of eviction either on notice or in the suit. Formal prayer has already been added in the plaint seeking possession of shop after eviction which amendment was allowed by the High Court in its judgment dated 05th August, 2008. High Court committed an error in setting aside the judgment and decree of trial Court. The judgment and order of the High Court is set aside and decree passed by trial Court is restored. The appeal is allowed.

Comments

Post a Comment

Most viewed this month

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.
2 comments
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...
2 comments
Read more