Supreme Court Of India
D.M. DHARMADHIKARI, G.P. MATHUR, JJ.
YASH PAL Appellant;
Versus
RAM LAL AND OTHERS Respondents.
Civil Appeal No. 1300 of 2005, decided on February 18, 2005
Civil Procedure Code, 1908, Section 115 - Revision - Interference with concurrent findings of fact -Finding relating to sub-tenancy- The two authorities under the Rent Act subordinate to the High Court relied on public records in the shape of the house assessment register for holding that the tenant had unlawfully sub-let the premises- Except oral evidence no other evidence against subletting-Held the High Court exceeded its revisional jurisdiction in reassessing the evidence and upsetting the concurrent finding of fact reached by the courts below- Order of the High Court set aside-Six months time graned to vacate the premises.. [Para 4]
ORDER
1. Delay in filing the rejoinder-affidavit is condoned.
2. Leave granted.
3. The counsel for the parties are heard on merits.
4. The High Court in exercise of revisional jurisdiction has reversed the orders of the subordinate authorities and disturbed the concurrent finding recorded in favour of the appellant landlord that the tenant had unlawfully sub-let the leased premises. The two authorities under the Rent Act subordinate to the High Court had relied .on public records in the shape of the house assessment register for coming to a finding that the tenant had unlawfully sub-let the premises. Except the oral evidence of the respondents, there was no other evidence in support of his claim of creation of direct relationship of tenancy with the appellant landlord. We have read the relevant part of the impugned order of the High Court. We find that the High Court has exceeded its revisional jurisdiction in reassessing the evidence and upsetting the concurrent finding of fact reached by the courts below. The house assessment register was a relevant piece of evidence and rightly relied upon by the authorities below in comparison to the oral evidence of the opposite party which had been seriously disputed by the appellant landlord. In these circumstances, we allow this appeal, set aside the impugned order of the High Court and restore the orders made by the authorities below.
5. Since the respondent is carrying on his livelihood in the premises, we grant him six months time to vacate the premises on his filing usual undertaking supported by an affidavit in this Court within three weeks.
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