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Supreme Court of India 2016-01-18 allowed

Boorugu Mahadev & Sons & Anr vs Sirigiri Narasing Rao & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

In this landlord-tenant eviction case, the Supreme Court clarified the scope of the High Court's revisional jurisdiction in rent control matters. The appellants sought eviction based on non-payment of rent since 1987. The Rent Controller dismissed the petition, but the first appellate court allowed it, finding the appellants owned the premises and the respondents had wilfully defaulted. The High Court reversed this, reappreciating evidence as if hearing a fresh appeal. The Supreme Court held that revision is not equivalent to re-hearing; the High Court must confine itself to examining whether findings are according to law and free from procedural illegality. It restored the first appellate judgment, allowing eviction with cost."

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Rent Control Landlord and Tenant Eviction Revisional Jurisdiction Title Proof

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