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

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...
Post a Comment
Read more

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...
1 comment
Read more

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...
1 comment
Read more