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Trilok Singh Chauhan Vs. Ram Lal (dead) thr. L.Rs. and Ors. - (Supreme Court) (11 Dec 2017)

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

MANU/SC/1577/2017

Tenancy

Instant appeal has been filed 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.

Relevant : Mundri Lal v. Sushila Rani (Smt.) and Anr.,MANU/SC/7928/2007: (2007) 8 SCC 609

Tags : EVICTION   RENT   RECOVERY  

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