In Brief
A landlord sought eviction of a tenant from a commercial shop and recovery of unpaid rent. The dispute centred on the monthly rent: the landlord claimed Rs. 1500/- while the tenant claimed Rs. 250/-. The Trial Court (Small Causes) found for the landlord based on an official evaluation list and adverse inference from the tenant's failure to produce payment records. The High Court reversed this finding, holding the rent was Rs. 250/-. The Supreme Court held that under the revisional jurisdiction provisions of the Provincial Small Cause Courts Act, the High Court cannot set aside findings of fact based on evidence appreciation unless they are perverse or ignore material evidence. The High Court had failed to address the Trial Court's reasoning. The Court restored the Trial Court's decree for eviction and rent recovery."
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