INDIA PIPE FITTING CO. versus FAKRUDDIN M.A. BAKER AND ANR.

INDIA PIPE FITTING CO. versus FAKRUDDIN M.A. BAKER AND ANR.

The High Court erred in exercising its jurisdiction under Article 227 to interfere with concurrent findings of fact when there was nothing grossly wrong or unjust, or shocking to the court's conscience, and appropriated to itself the powers of a court of appeal which it did not possess under law.

Parties
Appellant: INDIA PIPE FITTING CO.; Respondent: FAKRUDDIN M.A. BAKER; Respondent: Another (not fully named)
Jurisdiction
India
Judgment Date
04 November 1977
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Order Dated 22 6 72 of the Bombay High Court in Special Application No. 1441 of 1968
Outcome
Appeal allowed.
Legal Topics
Article 227 of the Constitution, Powers of High Court, Judicial Superintendence, Eviction—bona Fide and Reasonable Requirement, Scope of Interference With Concurrent Findings of Fact
Constitutional Law Landlord Tenant (rent Control) Article 227 of the Constitution Powers of High Court Judicial Superintendence Eviction—bona Fide and Reasonable Requirement Scope of Interference With Concurrent Findings of Fact

Case Brief

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Parties

INDIA PIPE FITTING CO.

Appellant

FAKRUDDIN M.A. BAKER

Respondent

Another (not fully named)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Order Dated 22 6 72 of the Bombay High Court in Special Application No. 1441 of 1968

Legal Issues

  1. 1 Whether the High Court was justified in interfering with concurrent findings of fact under Article 227 of the Constitution.
  2. 2 Whether landlord’s requirement was bona fide and reasonable under the relevant Rent Control Act.

Ratio Decidendi

The High Court erred in exercising its jurisdiction under Article 227 to interfere with concurrent findings of fact when there was nothing grossly wrong or unjust, or shocking to the court's conscience, and appropriated to itself the powers of a court of appeal which it did not possess under law.

Court Disposition

Appeal allowed.

Orders

  • The judgment and order of the High Court are set aside.
  • The judgments of the trial court and appellate bench are restored.