RAFAT ALI versus SUGNI BAI AND ORS.

High Court exceeded its revisional jurisdiction by reversing concurrent factual findings without justification; evidence did not support grounds for eviction of default, nuisance, or material damage.

Parties: Appellant: Rafat Ali; Respondents: Sugni Bai and Others
Jurisdiction: India
Judgment Date: 18 November 1998
Procedural Posture: Civil Appeal / Appeal Against High Court Order in Revision
Outcome: Appeal allowed; High Court judgment set aside.
Legal Topics: Revisional Jurisdiction, Eviction Grounds, Nuisance, Damage to Property

Rent Control Property Law Revisional Jurisdiction Eviction Grounds Nuisance Damage to Property

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2

Parties

Rafat Ali

Appellant

Sugni Bai and Others

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order in Revision

Legal Issues

1 Scope and extent of High Court's revisional power under Section 22 of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960
2 Whether eviction grounds of default, nuisance, and damage were made out by the landlord

Ratio Decidendi

High Court exceeded its revisional jurisdiction by reversing concurrent factual findings without justification; evidence did not support grounds for eviction of default, nuisance, or material damage.

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

Impugned High Court judgment is set aside.