IMPORTANT POINT
Under Section 25 of the Tamil Nadu Rent Control Act, while examining the correctness of the findings of fact, it is not open to the revisional Court to reassess the evidence.

JUDGMENT

V.N. Khare, J.-The appellant herein alleged himself to be the landlord of Door Nos. 24A and 25 situated in Ward No. II, Block No. III, Thanjavur Road, in the city of Tiruvarur. Originally the said premises was owned by Kuppuswamy Chettiar. Subsequently, the aforesaid premises was purchased by the appellant on 7th March, 1980. The respondent is the tenant in the said premises from the time of predecessor-in-interest of the appellant. It appears that the respondent did not recognise the appellant as the owner of the premises and rent was also not paid for the said premises. Under such circumstances, the appellant filed a petition before the Rent Control Authority for eviction of the respondent on the grounds of denial of title and also for willful default of payment of rent. Before the Rent Controller, the appellant filed various documents including the sale deed executed in his favour for establishing that he is the owner of the said premises and the respondent is the tenant. Similarly evidence was also led by the respondent in support of his case. The Rent Controller, after assessing the evidence, came to the conclusion that there existed relationship of landlord-tenant between the appellant and the respondent and the tenant having denied the title and also having committed default in payment of rent was liable to be ejected. Consequently, the order of eviction was passed by the Rent Controller. The appeal preferred by the respondent-tenant was dismissed. However, the revision filed by the respondent-tenant was allowed by the High Court on the ground that the landlord had failed to establish the relationship of landlord and tenant between the parties. In view of that matter, the revision was allowed and the orders of the courts below were set aside. It is against the said order the landlord is in appeal before us.

2. Learned counsel appearing for the appellant has urged, that in the present case it was not open to the High Court in exercise of its revisional power to reassess the evidence and record finding contrary to the finding recorded by the courts below and, therefore, the impugned judgment deserves to be set aside. However, this was disputed by the learned counsel for the respondent. He submitted that the High Court in exercise of its revisional jurisdiction can interfere with the incorrect finding of fact recorded by the courts below and, therefore, the judgment of the High Court has to be maintained. Learned counsel appearing for the respondent referred to a decision of this Court in the case of Asram Motors v. Bina Kumari1 wherein this Court held that the High Court, in exercise of its revisional power under Section 25 of the Act, can examine the correctness of the findings of fact. There is no quarrel as regards this proposition, but the question that arises for consideration is whether, while examining the correctness of the findings of fact, is it open to the revisional court to reassess the evidence? It is not disputed before us that Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act ) confers the revisional jurisdiction upon the High Court which is not an appellate power. The High Court, under Section 25 of the Act, can call for and examine the record of the appellate authority in order to satisfy itself as to regularity of such proceedings or the correctness, legality or propriety of any decision or orders passed therein. In Dr. D. Sankaranarayanan v. Punjab National Bank2, it was held as thus:

"We are of the view that learned counsel for the appellant is right when he contends that the revision petition was treated by the High Court as if it were a second appeal and, upon a reassessment of the evidence, the findings of facts of the first appellate court were reversed."

Thus, in our view, the revisional power of High Court under Section 25 of the Act not being an appellate power, it is impermissible for the High Court to reassess the evidence in a