8 August 2022


Judgments

High Court of Delhi

Paramjeet Singh Vs. Mahavir Prasad

MANU/DE/0673/2022

28.02.2022

Tenancy

High Court ought not to re-examine findings of fact in its supervisory jurisdiction, unless they are shown to be manifestly unreasonable or perverse

By way of present petition under Article 227 of the Constitution of India, 1950 the Petitioner-tenant assails an order of the learned Principal District and Sessions Judge and Rent Control Tribunal. By the impugned order, the Tribunal has partly allowed the appeal of the Respondent-landlord against an order of the Rent Controller, by which the eviction petition filed by the landlord was dismissed by the Rent Controller.

The Tribunal has taken a view that, even in the absence of the will through which the landlord claimed sole ownership of the suit property, the eviction petition would be maintainable at his instance, as a co-owner.

The scope of interference with the view taken by the Tribunal under the Act is extremely limited. The judgment of the Supreme Court in Koyilerian Janaki and Others vs. Rent Controller (Munsiff), Cannanore and Others lays down that, where a special statute governs the relationship between the landlord and tenant and provides for an appeal, the High Court ought not to re-examine findings of fact in its supervisory jurisdiction, unless they are shown to be manifestly unreasonable or perverse.

The Tribunal has considered the evidence on record to come to a conclusion that father of the Respondent was the landlord in respect of the suit property. In reaching this conclusion, the Tribunal has noticed the tenant's own case that, he was inducted into the property by Late Shri Deep Chand (Father of the Respondent). The Tribunal has also referred to the reply given by the tenant to the legal notice, and to a rent note, to conclude that, the tenant had failed to establish that suit property is owned by the Trust. The Tribunal is the final arbiter of facts. There is no merit in the present petition. Petition dismissed.

Tags : Eviction Jurisdiction Legality

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