Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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ILC-2016-SC-CIVIL-Jan-15

Boorugu Mahadev & Sons & Anr. Vs. Sirigiri Narasing Rao & Ors.

Head Note

Civil Law  - Eviction suit

A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 10 - Eviction - Allowed - Default in payment of monthly rent - Finding of fact - Revisional jurisdiction - First appellate Court properly appreciated the facts and evidence adduced by the parties and on that basis recorded all necessary findings in favour of the appellants - High Court probed in all the factual aspects of the case, undertook the appreciation of whole evidence and then reversed all the factual findings of the appellate Court and restored the order of the Rent Controller - Held that this was a jurisdictional error, which the High Court committed while deciding the revision petition and hence it deserves to be corrected - High Court should have confined its inquiry to examine as to whether any jurisdictional error was committed by the first appellate Court while deciding the first appeal - It was not done - Impugned judgment of the High Court liable to be set aside that that of first appellate Court restored - Eviction petition filed by the appellants against the respondents in relation to the suit premises allowed - Respondents granted three months' time to vacate the suit premises subject to furnishing of the usual undertaking in the Court.

Topic(s)-Reversion of Finding of Facts in Revision Set aside - Eviction allowed







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