In Brief
The appellants, landlords seeking eviction of their commercial tenant, had obtained favourable orders from both the trial court (Prescribed Authority) and first appellate court. The High Court reversed these concurrent findings, solely on the ground that the eviction application was unmaintainable—a plea never raised before the lower courts. The Supreme Court allowed the appeal, holding that new pleas of maintainability based on factual findings cannot be raised for the first time in writ jurisdiction. Concurrent findings of fact by lower courts are binding on a writ court. The court restored the eviction orders and granted the tenant three months to vacate upon payment of arrears and advance rent."
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