LEKH RAJ versus MUNI LAL AND ORS.

LEKH RAJ versus MUNI LAL AND ORS.

The High Court acted within its revisional jurisdiction by permitting the report of the local Commissioner regarding subsequent deterioration of the building to be brought on record and basing its finding of unfitness for human habitation on it. Consideration of subsequent events material to relief is lawful and not perverse or illegal in the context of Section 15(5) of the Act.

Parties
Appellant: Lekh Raj; Respondents: Muni Lal and Ors.
Jurisdiction
India
Judgment Date
06 February 2001
Procedural Posture
Civil Appeal / Judgment on Appeal Against High Court Revisional Order
Outcome
appeal dismissed
Legal Topics
Revisionary Jurisdiction, Appointment of Local Commissioner, Subsequent Events, Legality and Propriety, Fitness for Human Habitation
Rent Control and Eviction Revisionary Jurisdiction Appointment of Local Commissioner Subsequent Events Legality and Propriety Fitness for Human Habitation

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Parties

Lekh Raj

Appellant

Muni Lal and Ors.

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal Against High Court Revisional Order

Legal Issues

  1. 1 Whether the High Court under its revisional jurisdiction was justified in reversing the finding of the appellate court based on evidence on record
  2. 2 Whether the High Court could have appointed a local Commissioner while exercising its revisional jurisdiction and reversed the appellate court’s finding based on the report of such Commissioner

Ratio Decidendi

The High Court acted within its revisional jurisdiction by permitting the report of the local Commissioner regarding subsequent deterioration of the building to be brought on record and basing its finding of unfitness for human habitation on it. Consideration of subsequent events material to relief is lawful and not perverse or illegal in the context of Section 15(5) of the Act.

Court Disposition

appeal dismissed

Orders

  • Appellant to vacate the premises by or before 31st December, 2001 subject to filing usual undertaking within four weeks.
  • Costs imposed on the parties.