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2014 AIR SCW 5018 ::2014 (6) AIR Bom R 285
Supreme Court Of India
Hon'ble Judge(s): R. M. Lodha, Dipak Misra, Madan B. Lokur, Kurian Joseph, S. A. Bobde , JJJ

Civil P.C. (5 of 1908) , S.115— Revision - Rent control matters - High Court cannot exercise its power as an appellate power to re-appreciate or re-assess evidence. Haryana Urban (Control of Rent and Eviction) Act (11 of 1973) , S.15— Kerala Buildings (Lease and Rent Control) Act (2 of 1965) , S.20— Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960) , S.25— Words and Phrases - Expression 'legality', 'propriety', 'correctness' or 'regularity' used in Rent Control Acts - Meaning of. Rent Control Acts does not entitles the High Court to interfere with the findings of fact recorded by the First Appellate Court/First Appellate Authority because on re-appreciation of the evidence, its view is different from the Court/Authority below. The consideration or examination of the evidence by the High Court in revisional jurisdiction under these Acts is confined to find out that finding of facts recorded by @page-SCW5019 the Court/Authority below is according to law and does not suffer from any error of law. A finding of fact recorded by Court/Authority below, if perverse or has been arrived at without consideration of the material evidence or such finding is based on no evidence or misreading of the evidence or is grossly erroneous that, if allowed to stand, it would result in gross miscarriage of justice, is open ....

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