Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent and Eviction) Act 1972-s. 2(2) Uttar Pradesh Urban Buildings (Regulation of Letting |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - s. 2(2) - Suit for eviction of tenanted premises - Seeking exemption of applicability of the Act - Claiming the premises to be new construction falling within exemption provision - Trial Court holding that the Act was not applicable as the premises would be deemed to be newly constructed - Revision application in terms of Provincial Small Cause Courts Act - High Court holding that the Act was applicable - Supreme Court setting aside the judgment of High Court and remitting for fresh consideration - High Court denied adduction of additional evidence and refused to interfere with the question regarding applicability of the Act in exercise of revisional jurisdiction - On appeal, held: The Act was not applicable as in the facts of the case, the construction would be deemed to be new - Adduction of additional evidence rejected on valid grounds - High Court rightly refused to interfere with the finding of fact in exercise of revisional jurisdiction - Provincial Small Causes Courts Act - s. 25.Provincial Small Causes Courts Act - s. 25 - Revisional jurisdiction under - Scope of - Held: Such jurisdiction can be exercised only when a question of law arises - A pure finding of fact based on appreciation of evidence may not be interfered with - But, if such finding is based on irrelevant factors, it can be interfered with - Revisional jurisdiction under the Act is wider than the jurisdiction u/s 115 CPC - Code of Civil Procedure, 1908 - s. 115.Pleadings - Inadequate pleadings - Effect of - Held: When parties go into trial knowing fully well about the issues involved, the judgment based on inadequate pleadings would not have effect.Appellant was the tenant and respondent was the landlord of the premises in question. Respondent filed a suit for eviction, rather than filing an application under Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, on the ground that the premises being a new construction, the Act was not applicable to the same under exemption provision i.e. Section 2(2) of the Act. One of the issues was with regard to applicability of the Act to the premises. Trial Court held that the property in question would be deemed to be newly constructed and hence the Act was not applicable on the same. Appellant filed Revision Application thereagainst in terms of Section 25 of Provincial Small Causes Courts Act High Court though approved finding of fact by trial Court, but relying on a judgment, held that the Act would be applicable as period of 10 years [the exempted period by Section 2 (2)] have lapsed during the pendency of the suit. In appeal Supreme Court set aside the order holding that the judgment relied on by the High Court, had been overruled by another decision. The matter was remitted to High Court for disposal in accordance with law.Before High Court, appellant filed an application for adduction of additional evidence in terms of Order 41 Rule 27 CPC. High Court refused to exercise its discretionary jurisdiction stating that the requirements of the said provision had not been fulfilled and regarding applicability of the Act, it held that the finding of fact arrived at by the Court below, cannot be interfered with in exercise of revisional jurisdiction. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 952 |
Petitioner | Shri Mundri Lal |
Respondent | Smt. Sushila Rani And Anr. |
SCR | [2007] 10 S.C.R. 99 |
Judgement Date | 2007-09-18 |
Case Number | 4348 |
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