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The High Court in revision cannot re-appreciate the evidence in rent control matters; SC.

Supreme Court of India

Justice U U Lalit and Justice Vineet Saran

The SC { DAYA RANI & ANR. v. SHABBIR AHMED} holds that the law is well settled that while exercising revisional power in Rent Control Act(s), the High Court can not re-appreciate the evidence on record: both oral or documentary. Further the
consideration while exercising revisional jurisdiction is confined to find out whether the findings of fact rendered by the Court or Authority below were according to law and did not suffer from any error of law.

In the present case, the HC had set aside the concurrent findings of courts below i.e. of eviction of the tenant, and instead dismissed the eviction petition. The said judgment was set aside by the SC and the eviction order against the tenant(s) was passed.

It was held by the SC that the assessment made by the High Court in the present matter is not in conformity with the law laid down by the SC. Though the judgment of the High Court discloses that the High Court was aware that it was exercising Revisional Powers, the judgment does not spell out or advert to any perversity in the findings rendered either by the Rent Controller or by the Appellate Authority. Inspite of that concurrent findings were set aside by the HC.

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