- The Hon’ble Apex Court, in M/s Puri Investments vs. M/s Young Friends and Co. and ors. held that the provisions of Article 227 of the Constitution which provides for the supervisory jurisdiction of the HC is restrictive in nature and as such does not allow the reappreciation of evidence.
- The HC can only interfere with the decision of the fact finding Court if it’s findings are perverse, for instance if the findings are erroneous due to non appreciation of material evidence or if they are based upon inferences which are bad in law.
- In the instant case, the respondents were running a chemist shop in a shop room preise, which was owned by the appellant/landlord. The landlord initiated eviction proceedings before the Additional Rent Controller under section 14 of the Delhi Rent Control Act on the grounds that certain portions of the shop premises were sublet without taking his permission. The said petition was dismissed by the Additional Rent Controller, but was allowed by the Appellate Tribunal and allowed the eviction. The respondents invoked the power of Article 227 and approached the HC, where the findings of the Appellate Tribunal were reversed and the order was set aside.
- The issue before the Hon’ble SC was whether the decision of the HC whereby it reversed the order of the Appellate tribunal was due to the findings being perverse or not. The Court observed that there was no dispute as to the occupation of the shop premises by the respondents. The HC had noted that it was only bound to interfere with the decision of the Appellate tribunal when the findings are perverse. Hence, the HC knew of the restrictive nature of Ac=rticle 227.
- Thus, the Court was of the view that the HC had overstepped by re-appreciating the evidence and going deep into the factual arena to disagree with the findings of the fact-finding forum.
- The Apex Court also observed that the HC had tested the findings with the lens of an Appellate Court rather than with the lens of a Supervisory Court in adjudicating the application under Article 227 of the Constitution, which is impermissible.
- Thus, the appeal was allowed.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
