Case Note & Summary
The petitioner, Vishnu Sanap, filed a writ petition under Article 227 of the Constitution of India challenging the concurrent judgments of the trial court and the appellate court in a suit for possession and mesne profits filed by the respondents (landlords). The suit was filed in the Court of Civil Judge, Junior Division, Lonar, seeking possession of agricultural land and mesne profits. The trial court decreed the suit, and the appeal was dismissed by the District Court, Buldana. The petitioner, who was the tenant, contended that the findings of fact were erroneous and that the courts below had misappreciated the evidence. The High Court examined the records and found that the relationship of landlord and tenant was established through rent receipts and the tenant's own admission. The denial of title by the tenant was not bona fide. The court held that the concurrent findings of fact were based on evidence and did not suffer from any perversity or jurisdictional error. The writ petition was dismissed, and the decree for possession and mesne profits was upheld. The court also noted that the mesne profits were correctly awarded from the date of termination of tenancy.
Headnote
A) Civil Procedure - Writ Jurisdiction - Article 227 of the Constitution of India - Interference with Concurrent Findings - The High Court in writ jurisdiction under Article 227 cannot re-appreciate evidence and interfere with concurrent findings of fact unless the findings are perverse or based on no evidence. The court held that the findings of the courts below were based on evidence and did not suffer from any jurisdictional error. (Paras 1-8) B) Rent Control - Landlord-Tenant Relationship - Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Section 12 - The relationship of landlord and tenant was established through rent receipts and admission by the tenant. The court held that the tenant's denial of title was not bona fide and the suit for possession was maintainable. (Paras 3-6) C) Mesne Profits - Award of Mesne Profits - Code of Civil Procedure, 1908 - Section 2(12) - Mesne profits were awarded from the date of termination of tenancy. The court upheld the award as the tenant continued in possession after termination without any right. (Paras 7-8)
Issue of Consideration
Whether the High Court under Article 227 of the Constitution of India can interfere with concurrent findings of fact recorded by the trial court and appellate court in a suit for possession and mesne profits.
Final Decision
Writ petition dismissed. The concurrent findings of the courts below are upheld. The decree for possession and mesne profits stands confirmed.
Law Points
- Concurrent findings of fact cannot be interfered with in writ jurisdiction under Article 227 unless perverse or based on no evidence
- Landlord-tenant relationship established by rent receipts and admission
- Mesne profits awarded from date of termination of tenancy
