& Ors. Vs. M.Lalitha  INSC 191 (30 January 2009)
JURISDICTION CIVIL APPEAL NO.542 OF 2009 (Arising out of S.L.P. (C) No.10238 of
2007) S.P. Raja Shekhar and Ors. ...Appellant(s) Versus M. Lalitha
...Respondent(s) O R D E R Leave granted.
Heard learned counsel
for the parties.
The eviction petition
filed by the appellants on the ground of default in payment of rent and bona
fide need was dismissed by Rent Controller, Secunderabad.
On appeal, Additional
Chief Judge, City Small Causes Court, Hyderabad, after detailed evaluation of
the evidence produced by the parties reversed the order of the Rent Controller
and granted eviction on the ground that the need of the appellants was bona
fide. When the matter was taken in revision, the High Court overturned the
finding of fact recorded by the appellate Court on the issue of bona fide need,
set aside the order of the appellate Court and restored the order passed by the
Rent Controller. Hence, this appeal by special leave.
It is well settled
that in exercise of revisional jurisdiction, the High Court cannot re-appraise
the evidence and substitute the finding of fact recorded by the final court of
fact unless the same is found to be perverse. In the instant case, the High
Court without appreciating the limitation of its jurisdiction reversed the judgement
of the appellate court, which, in our considered view, was legally
Accordingly, the civil appeal is allowed, impugned order rendered by the High
Court is set aside and the order of eviction passed by the appellate court is
restored. The respondent is granted time till 31st December, 2009, to vacate
the premises in question upon filing usual undertaking in this Court within
four weeks from today.
It is directed that
in case the respondent fails to vacate the premises in question within the
aforesaid time, it would be open to the decree holder to file an execution
petition for delivery of possession and in case such a petition has already
been filed, an application shall be filed therein to the effect that the
respondent has not vacated the premises in question within the time granted by
this Court. In either eventuality, the Executing Court is not required to issue
any notice to the respondent.
The Executing Court
will see that delivery of possession is effected within a period of fifteen
days from the date of filing of the execution petition or the application
aforementioned. In case for delivery of possession any armed force is
necessary, the same shall be deputed by the Superintendent of Police within
forty eight hours from the date requisition is received there for. It is also
directed that in case anybody else, other than the respondent, is found in
possession, he shall also be dispossessed from the premises in question.