Case Note & Summary
The petitioner, Smt. Kausalyabai Kisan Chavan, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and decree passed by the appellate court in a suit for possession and mesne profits. The suit was filed by the original plaintiff (respondents) against the petitioner (defendant) claiming that the defendant was a tenant in the suit property and after termination of tenancy, she failed to vacate. The trial court decreed the suit for possession and mesne profits, which was confirmed by the appellate court. The petitioner contended that the courts below erred in holding that there was a landlord-tenant relationship and that the mesne profits awarded were excessive. The High Court examined the evidence, including rent receipts and the defendant's admission in the written statement, and found that the concurrent findings of fact were based on evidence and not perverse. The court held that the landlord-tenant relationship was established and the mesne profits were correctly determined. The writ petition was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Concurrent Findings of Fact - Scope of Interference under Article 227 - The High Court in writ jurisdiction under Article 227 of the Constitution of India will not interfere with concurrent findings of fact unless they are perverse or based on no evidence - The courts below had concurrently held that the plaintiff proved the landlord-tenant relationship through rent receipts and admission of the defendant - Held that the findings are based on evidence and do not warrant interference (Paras 1-10). B) Property Law - Landlord-Tenant Relationship - Proof by Rent Receipts and Admission - The plaintiff produced rent receipts and the defendant admitted the tenancy in written statement - This establishes the relationship of landlord and tenant - Held that the defendant is liable to pay mesne profits for use and occupation after termination of tenancy (Paras 5-8). C) Mesne Profits - Determination - Section 108 of Transfer of Property Act, 1882 - Mesne profits are compensation for use and occupation of property by a person in wrongful possession - The trial court awarded mesne profits at a certain rate per month, which was confirmed by the appellate court - Held that the rate is reasonable and based on evidence (Paras 9-10).
Issue of Consideration
Whether the concurrent findings of the courts below regarding the existence of a landlord-tenant relationship and the entitlement to possession and mesne profits are sustainable in law.
Final Decision
The High Court dismissed the writ petition, confirming the concurrent findings of the courts below. No order as to costs.
Law Points
- Concurrent findings of fact
- Landlord-tenant relationship
- Mesne profits
- Rent receipts as evidence
- Admission by tenant
- Section 100 CPC
- Section 6 Specific Relief Act
- Section 108 Transfer of Property Act
