Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction - Suit by landlord against tenant - Claiming money decree towards arrears of rent notice charges and mesne profit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction - Suit by landlord against tenant - Claiming money decree towards arrears of rent, notice charges and mesne profit - Also seeking eviction on the ground of bonafide requirement - During pendency of the suit, provisions of the Rent Control Act made applicable to the area where suit house was situated - Trial court decreed the suit -Appellate court held that though the Act was applicable to the suit property, there was no need to remand the case to Rent Tribunal as the requirements under the Act were satisfied - On merit, the appellate court upheld the decree - In Revision, High Court remanded the case to appellate court with direction to start the case as one under the Act - On appeal, held: Findings of the appellate court are on proper appreciation of evidence and in conformity with the requirements of the Act - There is no ground to set aside such finding and the same was binding on the Revisional Court (High Court) - When the appellate court had already examined all the questions, there was no need for the High C-0urt to remand the case for deciding the same issues - It was an exercise in futility- Bombay Rents (Hotel and Lodging House) Rates Control Act, 1947 - s.28. Jurisdiction - Revisional jurisdiction - Scope of - Held: High Court in exercise of its revisional jurisdiction not to i11te1fere with finding of fact recorded by appellate court, unless such finding is perverse or de hors any legal provision or is contrary to the pleadings or evidence on record. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2016 INSC 448 |
Petitioner | Kalidas Chunllal Patel (dead) By L.rs. |
Respondent | Savitaben & Ors. |
SCR | [2016] 4 S.C.R. 840 |
Judgement Date | 2016-06-29 |
Case Number | 5674 |
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