In Brief
A landlord sought eviction of a tenant from a shop and recovery of outstanding rent. The Trial Court found the monthly rent was Rs. 1500/- and granted eviction. The High Court revised this, holding the rent was only Rs. 250/- and set aside the decree. The Supreme Court held that the High Court erred in setting aside the Trial Court's factual finding without addressing the evidence relied upon. Under Section 25 of the Provincial Small Cause Courts Act, 1887, a Revisional Court can only interfere on limited grounds (perverse findings, no evidence, etc.), which were not established here. The landlord's notice of 2001 clearly contemplated eviction, so no waiver of this relief occurred. The Court restored the Trial Court's judgment and decree for eviction and rent recovery.
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