AIR 1987 SUPREME COURT 2179 ::1987 SCFBRC 328(2) ::1987 (3) SCC 711 ::1987 HRR 563 ::(1987) Raj LR 389 ::1987 (2) RenCR 156 ::(1987) 3 SCJ 15 ::1987 3 SCJ 15 ::1987 (2) RenCJ 261 ::(1987) 2 Supreme 120 ::1987 2 Supreme 120 ::1987 4 JT 106 ::(1987) 3 JT 106 (SC)

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Sabyasachi Mukharji, S. Natarajan , JJ

(A) Civil P.C. (5 of 1908) , S.115— Concurrent finding of fact - Interference with in revisional jurisdiction - Justified when findings suffer from inherent defects. The High Court is fully justified in rejecting the finding of the Rent Controller and the Appellate Authority, even though it is a finding of fact, when both the Authorities have based their findings on conjectures and surmises and they have lost sight of relevant pieces of evidence which have not been controverted. (1985) 1 Ren CR 182, Affirmed.(Para 9) The rule that when the Rent Controller and the Appellate Authority have rendered concurrent findings of fact, the High Court is not entitled to disregard those findings and come to a different conclusion of its own would apply only where the findings have been rendered with reference to facts and not on the basis of non-existent material and baseless assumptions. AIR 1967 SC 1853, Dist.(Para 12) (B) Civil P.C. (5 of 1908) , O.6 R.2— Variance between pleadings and proof - Effect. The pleadings of the parties form the foundation of their case and it is not open to them to give up the case set out in the pleadings and propound a new and different case.(Para 11) @page-SC21....