VENKATLAL G. PITTIE & ANR. versus BRIGHT BROS. (PVT.) LTD.

VENKATLAL G. PITTIE & ANR. versus BRIGHT BROS. (PVT.) LTD.

The appellate bench of the Small Causes Court and the trial court properly appreciated the evidence and held that the structures were permanent in nature; the High Court under Article 227 exceeded its jurisdiction in reversing findings of fact not shown to be perverse or unsupported by evidence. The original order of eviction was restored.

Parties
Appellant: Venkatalal G. Pittie & Anr.; Respondent: Bright Bros. (Pvt.) Ltd.
Jurisdiction
India
Judgment Date
21 July 1987
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Judgment Under Article 227 of the Constitution
Outcome
Appeals allowed, order of the High Court set aside, order of the appellate bench of the Court of Small Causes restored.
Legal Topics
Scope of Interference Under Article 227, Eviction for Permanent Structure by Tenant, Interpretation of Clause (p) of Section 108, Transfer of Property Act, Change of User Under Rent Control Legislation
Constitutional Law Property Law Landlord & Tenant Law Scope of Interference Under Article 227 Eviction for Permanent Structure by Tenant Interpretation of Clause (p) of Section 108, Transfer of Property Act Change of User Under Rent Control Legislation

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Parties

Venkatalal G. Pittie & Anr.

Appellant

Bright Bros. (Pvt.) Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Judgment Under Article 227 of the Constitution

Legal Issues

  1. 1 Whether the structure constructed by the tenant amounted to a permanent structure, leading to forfeiture of tenancy.
  2. 2 What is the scope and extent of the jurisdiction of the High Court under Article 227 of the Constitution on questions of fact found by the appellate bench of Small Causes Court.

Ratio Decidendi

The appellate bench of the Small Causes Court and the trial court properly appreciated the evidence and held that the structures were permanent in nature; the High Court under Article 227 exceeded its jurisdiction in reversing findings of fact not shown to be perverse or unsupported by evidence. The original order of eviction was restored.

Court Disposition

Appeals allowed, order of the High Court set aside, order of the appellate bench of the Court of Small Causes restored.

Orders

  • Order for possession and mesne profits as directed by the Court of Small Causes.
  • Respondents to pay the costs of the appeals.