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DEVASHIS BARUAH
Todi Motor Stores – Appellant
Versus
Jagannath Mahabir Prasad – Respondent
JUDGMENT :
1. Heard Mr. G. N. Sahewalla, the learned senior counsel assisted by Mr. H. K. Sarma, the learned counsel for the petitioners and Mr. Kamal Agarwal, the learned senior counsel assisted by Mr. S. C. Keyal, the learned counsel for the respondents.
2. This is an application under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 (for short, the Code) challenging the judgment and decree dated 15.03.2017 passed in Title Appeal No.21/2008 whereby the judgment and decree dated 26.11.2008 passed by the learned Munsiff No.2, Dibrugarh in Title Suit No.37/2007 was upheld.
3. Before entering into the facts of the case, it would be relevant to note that the Petitioner herein have invoked the revisional jurisdiction under Section 115 of the Code. It is no longer res-integra that the revisional jurisdiction is limited in scope inasmuch as the said jurisdiction cannot be exercised to correct error of facts. However gross or even errors of law unless the said errors have relation to the jurisdiction of the Court to try the dispute itself. A plain reading of Sub-Clauses (a) and (b) of Section 115 of the Code is in reference to the exercise of jurisdiction by the Cour
Section 5 (1) (e) of the Act of 1972 stipulates that a decree for eviction can be passed where the tenant had not paid the rent lawfully due from him in respect to the houses within a fortnight of it....
It is clarified that during this period of six months the defendant shall continue to make payment of amount of Rs. 60/- per month in the form of compensation to plaintiff.
Sub-Clauses (a) and (b) of Section 115 of Code is in reference to exercise of jurisdiction by Court not vested in Court by law or has failed to exercise jurisdiction so vested in Court.
Under Section 115 of Code a jurisdictional question may arise not only where Court acts solely without jurisdiction but also in a case where jurisdictional errors are committed while exercising juris....
The court established that revisional jurisdiction under Section 115 of the CPC is confined to jurisdictional errors, and findings of fact by lower courts cannot be disturbed unless they are perverse....
It is also made clear that this Court while exercising the revisional jurisdiction is not and cannot be equated with the power of re-consideration of all question of facts as the Court of First Appea....
Proviso (e) to Section 5(1) of Act of 1972 stipulates that when tenant has not paid rent lawfully due from him in respect of house within a fortnight of its falling due would come within various grou....
Section 5 of the Act of 1972 stipulates various grounds on which the tenant can be evicted which includes the ground of bonafide requirement.
Point of law: In terms with the Act of 1972, the jurisdiction of the First Appellate Court under Section 8 of the said Act is the final authority in the matter and the scope of revisional jurisdictio....
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