NDLI: M/s Puri Investments Vs. M/s Young Friends and Co. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India Supervisory control by High Court Art.227
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Constitution of India: Art.227 – Supervisory control by High Court – Eviction petition filed u/s.14 of Delhi Rent Control, 1958 on the ground that tenanted premises was sub-let to three medical practitioners without consent of landlord – Rent Controller dismissed the petition – Appellate Tribunal reversed the decision of the Rent controller and ordered eviction – Tenants invoked provisions of Art.227 before the High Court – High Court upset the order of eviction passed by the appellate tribunal – On appeal, Held: Whether the decision of High Court in upsetting order of eviction passed by Appellate Tribunal suffered from any element of perversity or not – High Court has restrictive nature of jurisdiction u/Art.227 – There are three situations as to when a finding on facts or questions of law would be perverse (a) Erroneous on account of nonconsideration of material evidence, or (b) Being conclusions which are contrary to the evidence, or (c) Based on inferences that are impermissible in law – There was overstepping of this boundary by the supervisory Court – High Court had gone deep into the factual arena to disagree with the fact finding forum – There is no dispute that the three medical practitioners were in occupation of part of the premises in question – The onus was on the tenants to establish the degree of control they were maintaining over the said premises for repelling the plea of sub-letting – Many factors were considered by the Appellate Tribunal on the basis of which its decision was against the tenants – Hence, there was no perversity on the basis of which High Court could have interfered – High Court tested the legality of the order of the Tribunal through the lens of an appellate body and not as a supervisory Court u/Art. 227 which is impermissible – High Court judgment set aside – Appellate Tribunal’s finding restored – Delhi Rent Control, 1958 – s.14(1)(b).
Judge	Hon'ble Mr. Justice Aniruddha Bose Hon'ble Mr. Justice Vineet Saran
Neutral Citation	2022 INSC 225
Petitioner	M/s Puri Investments
Respondent	M/s Young Friends And Co. & Ors.
SCR	[2022] 9 S.C.R. 280
Judgement Date	2022-02-23
Case Number	1609

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