LACHHMAN DAS versus SANTOKH SINGH

LACHHMAN DAS versus SANTOKH SINGH

Revisional jurisdiction under Section 15(6) of Haryana Urban (Control of Rent and Eviction) Act, 1973 does not permit re-appreciation of evidence or setting aside concurrent findings unless shown to be perverse or erroneous; High Court acted beyond its power by interfering with concurrent findings based on proper appreciation of evidence.

Parties
Appellant: Lachhman Das; Respondent: Santokh Singh
Jurisdiction
India
Judgment Date
12 May 1995
Procedural Posture
Civil Appeal / Appeal Against High Court Revision Under Article 136
Outcome
Appeal allowed; judgment and order of High Court set aside; orders of Rent Controller and Appellate Authority restored.
Legal Topics
Eviction of Tenant, Revisional Jurisdiction, Appellate Jurisdiction, Tenant's Acquisition of Alternative Accommodation
Property Law Eviction of Tenant Revisional Jurisdiction Appellate Jurisdiction Tenant's Acquisition of Alternative Accommodation

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Parties

Lachhman Das

Appellant

Santokh Singh

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Revision Under Article 136

Legal Issues

  1. 1 Whether the revisional court has jurisdiction to reassess and re-appreciate evidence and substitute its own conclusions by setting aside the findings of the court below
  2. 2 Distinction and scope of appeal and revision under Haryana Urban (Control of Rent and Eviction) Act, 1973

Ratio Decidendi

Revisional jurisdiction under Section 15(6) of Haryana Urban (Control of Rent and Eviction) Act, 1973 does not permit re-appreciation of evidence or setting aside concurrent findings unless shown to be perverse or erroneous; High Court acted beyond its power by interfering with concurrent findings based on proper appreciation of evidence.

Court Disposition

Appeal allowed; judgment and order of High Court set aside; orders of Rent Controller and Appellate Authority restored.

Orders

  • Impugned judgment and order of High Court set aside.
  • Orders of Rent Controller and Appellate Authority restored.