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Supreme Court of India 2017-07-27 allowed

Gandhe Vijay Kumar vs Mulji @ Mulchand

Bench: 2 — Kurian

In Brief

Gandhe Vijay Kumar challenged a High Court judgment that had set aside concurrent findings by the Rent Controller and Appellate Authority regarding his bonafide requirement to occupy a rented property. The Supreme Court held that the High Court erred by re-appreciating evidence in its revisional jurisdiction as if it were an appellate court. Revisional jurisdiction is limited to examining whether findings are legally sound or perverse; it does not permit re-hearing the evidence merely because an alternative interpretation is possible. The Court restored the lower courts' orders and granted the tenant until March 2018 to vacate the property.

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Rent Control Civil Procedure Revisional Jurisdiction Landlord and Tenant Bonafide Requirement

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