SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(SC) 1087

KURIAN JOSEPH, R.BANUMATHI
Gandhe Vijay Kumar – Appellant
Versus
Mulji @ Mulchand – Respondent


JUDGMENT :

Kurian, J.

1. The appellant before this Court is aggrieved by order passed by the High Court wherein concurrent findings on facts with regard to the bonafide requirements of the appellant have been upset holding that “the court can re-appreciate the evidence to test whether the findings of the Rent Controller are correct”. We are afraid, the High Court has misdirected itself and exceeded its jurisdiction. In revisional jurisdiction, the Court is expected to see only whether the findings are illegal or perverse in the sense that a reasonably informed person will not enter such a finding. For proper guidance, it would be appropriate to refer to a recent Constitution Bench judgment in Hindustan Petroleum Corporation Ltd. v. Dilbahar Singh, (2014) 9 SCC 78 at paragraphs-30, 31 and 43:

30. We have already noted in the earlier part of the judgment that although there is some difference in the language employed by the three Rent Control Acts under consideration which provide for revisional jurisdiction but, in our view, the revisional power of the High Court under these Acts is substantially similar and broadly such power has the same scope save and except the power to invoke rev








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top