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Supreme Court of India 2019-08-13 allowed

THANKAMONY AMMA vs OMANA AMMA N

Bench: 2 — Uday Umesh Lalit, Vineet Saran

In Brief

Thankamony Amma sought eviction of Omana Amma from a cinema theatre property on the ground that no valid tenancy existed. The Rent Control Court and Appellate Authority found a landlord-tenant relationship existed and allowed eviction. The High Court, exercising revisional powers, disagreed by reappreciating the evidence. The Supreme Court held that the High Court exceeded its jurisdiction: even the word "propriety" in Section 20 of the Rent Control Act does not permit reappreciation of evidence. Concurrent findings by lower courts supported by evidence cannot be disturbed on revision. The Court allowed the appeal, restored the eviction decree, and set aside the High Court's order.

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Rent Control Revisional Jurisdiction Eviction Landlord-Tenant Concurrent Findings Evidence Kerala Land Reforms

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