SHAIK JAFFAR SHAIK MAHMOOD & ORS versus MOHD. PASHA HAKKANI SAHAB & ORS.

SHAIK JAFFAR SHAIK MAHMOOD & ORS versus MOHD. PASHA HAKKANI SAHAB & ORS.

The High Court exceeded its jurisdiction under section 26(c) of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954, by reappreciating the evidence and interfering with concurrent findings of fact of the Rent Controller and appellate authority. Revisional jurisdiction is confined to examining jurisdictional errors or material irregularities, not factual reassessment.

Parties
Appellant Tenants: Shaik Jaffar Shaik Mahmood & Ors.; Respondent Landlords: Mohd. Pasha Hakkani Sahab & Ors.
Jurisdiction
India
Judgment Date
03 December 1974
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of Bombay High Court in Revision Application No. 136 of 1968
Outcome
Appeal allowed
Legal Topics
Revision Jurisdiction, Eviction Proceedings, Appreciation of Evidence
Civil Procedure Landlord Tenant Revision Jurisdiction Eviction Proceedings Appreciation of Evidence

Case Brief

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Parties

Shaik Jaffar Shaik Mahmood & Ors.

Appellant Tenants

Mohd. Pasha Hakkani Sahab & Ors.

Respondent Landlords

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of Bombay High Court in Revision Application No. 136 of 1968

Legal Issues

  1. 1 Whether the High Court, in revision under section 26(c) of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954, could reappreciate evidence and interfere with concurrent findings of fact by lower courts.
  2. 2 Scope of revisional power under section 26(c) compared to appellate power and to section 115 of the Civil Procedure Code.

Ratio Decidendi

The High Court exceeded its jurisdiction under section 26(c) of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954, by reappreciating the evidence and interfering with concurrent findings of fact of the Rent Controller and appellate authority. Revisional jurisdiction is confined to examining jurisdictional errors or material irregularities, not factual reassessment.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Bombay High Court set aside
  • Parties to bear their own costs