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IN THE HIGH COURT OF ALLAHABAD
AJIT KUMAR
Balwant Education Society, Agra – Appellant
Versus
Agra Real Estate Pvt. Ltd. – Respondent
JUDGMNET :
Ajit Kumar, J.
1. This petition questions the judgment and order dated 02.05.2022 passed by the Additional District and Sessions Judge, Family Court, Agra in SCC Revision No.47 of 2019 decreeing the suit for eviction and for recovery of arrears of rent by reversing the judgment and decree of the trial court passed by Judge Small Causes in SCC Case No.40 of 2012 dated 01.08.2019, dismissing the suit.
2. The only point urged before the Court is that exercising powers of revision under Section 25 of the PROVINCIAL SMALL CAUSES COURTS ACT , 1887, the court below was not justified in appreciating the additional evidence and decreeing the suit on that basis instead of remanding it to the trial court for decision afresh.
3. It is argued that powers of court in revision are not as wide as powers in appeal and hence the judgment and decree passed by the court sitting in revision deserves to be set aside. In support of his submission, learned counsel appearing for the petitioners has relied upon a judgment of a concurrent Bench of this Court in the case of Kailash Chandra Jain v. Jagdish Chandra Nagpal, in which the Court had further relied upon a Division Bench judgment in the case
The revisional court may not re-assess evidence but can admit original documents that substantiate tenant relationships when previously doubted evidence was invalidated due to non-disclosure.
The revisional court's powers are limited, and it cannot disturb findings of fact unless they are perverse; additional evidence must be justified and not used to fill gaps.
The Small Cause Court may decide incidental title issues in landlord-tenant disputes, but it is not obligated to refer cases to regular courts unless substantial evidence of title is presented.
Point of law: Eviction of tenant – Relief of arrears of rent - Court in exercise of powers under Section 25 of the Provincial Small Cause Court Act can interfere on limited grounds
Eviction of tenant - Unauthorized occupation of tenant - Intention and admission in pleadings indicates the creation of relationship of landlord and tenant and that the amount paid by the revisionist....
The Revisional Court's wide jurisdiction under Section 25 of the Provincial Small Cause Courts Act, 1887 allows it to decide the suit on merits if there is sufficient evidence on record, without the ....
The revisional authority under the Bihar Tenant’s Holdings (Maintenance of Records) Act has a narrower jurisdiction than that of an appellate authority, and disputes regarding title must be resolved ....
The Court affirmed that a Revisional Court may not remand a case if sufficient evidence exists to decide the matter, and the dismissal of a prior suit does not invoke res judicata if not decided on m....
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