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Supreme Court of India 2017-07-27 allowed

Gandhe Vijay Kumar vs Mulji @ Mulchand

Bench: 2 — Kurian

In Brief

The Supreme Court held that the High Court exceeded its jurisdiction in exercise of revisional power under Section 115 CPC by reappreciating evidence to upset concurrent factual findings of the Rent Controller and Appellate Authority regarding the landlord's bonafide requirements. Revisional jurisdiction is narrower than appellate jurisdiction and confined to examining whether findings are according to law and not perverse, not to reassess facts on the same evidence. The appellant landlord's appeal was allowed, the Rent Controller's order restored, and the tenant granted time until March 31, 2018, to vacate the premises.

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Landlord and Tenant Rent Control Revisional Jurisdiction Civil Procedure

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