IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 231 OF 2015
DAMODAR LAL ... APPELLANT (S)
VERSUS
SOHAN DEVI AND OTHERS ... RESPONDENT (S)
The facts unfold the plight of a poor landlord languishing in courts for over fourty years. The case gets sadder when we note that appellant had been successful both in the trial court and the first appellate court and the saddest part is that the High Court in second appeal, went against him on a pure question of fact! Issue number-3 framed in Civil Regular Suit No. 191 of 1974 for eviction on the ground of unauthorised construction/material alteration, decided on 21.12.1989 in the Court of Munsiff, Bhilwara, Rajasthan, reads as follows:
Whether the tenant has carried out permanent construction on the plot thereby causing a
permanent change in the identity of the plot against the terms of the rent agreement? Having analysed and appreciated the evidence of PWs-1 and 2 and also DWs- 1 to 4, the trial court came to the following finding on the issue:
Thus all the witnesses of both sides have stated that when the plot was taken on rent, at that time, the plot was empty. The disputed plot was taken on rent. Later walls were constructed; sheets were put and were taken into use as shop and godown. Even today the plot is being used as shop and godown. Dissatisfied, the tenants took up the matter in appeal before the Court of the Additional District Judge-I, Bhilwara, Rajasthan in Civil Appeal No. 20 of 1999 (originally presented before the District Judge, Bhilwara, Rajasthan on 19.01.1990 and since transferred to the Additional District Judge). In the judgment dated 22.09.200022.09.2000, the first appellate court, after re-appreciating the whole evidence, came to the conclusion that:
... In my opinion the evidence that had been presented before the subordinate court, the subordinate court has not made any mistake in coming to the conclusion that the tenant has made structural changes in the rented accommodation. The appellant tenant has not been able to present any evidence to show that the consent of the land lord had been taken before making structural changes.
... On such findings, the appeal was dismissed. Thus, there are two findings of fact against the tenants/respondents.
......
103. In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,
(a) which has not been determined by the lower appellate court or by both the court of first instance and the lower appellate court, or
(b) which has been wrongly determined by such court or courts by reason of a decision on such question of law as is referred to in Section 100. The requirements stand specified in Section 103 and nothing short of it will bring it within the ambit of Section 100 since the issue of perversity will also come within the ambit of substantial question of law as noticed above. The legality of finding of fact cannot but be termed to be a question of law.
We reiterate however, that there must be a definite finding to that effect in the judgment of the High Court so as to make it evident that Section 100 of the Code stands complied with. In S.R. Tiwari v. Union of India[4], after referring to the decisions of this Court, starting with Rajinder Kumar Kindra v. Delhi Administration, Through Secretary (Labour) and others[5], it was held at paragraph-30:
30. The findings of fact recorded by a court can be held to be perverse if the findings have been arrived at by ignoring or excluding relevant material or by taking into consideration irrelevant/inadmissible material. The finding may also be said to be perverse if it is against the weight of evidence, or if the finding so outrageously defies logic as to suffer from the vice of irrationality. If a decision is arrived at on the basis of no evidence or thoroughly unreliable evidence and no reasonable person would act upon it, the order would be perverse. But if there is some evidence on record which is acceptable and which could be relied upon, the conclusions would not be treated as perverse and the findings would not be interfered with.
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 231 OF 2015
DAMODAR LAL ... APPELLANT (S)
VERSUS
SOHAN DEVI AND OTHERS ... RESPONDENT (S)
The facts unfold the plight of a poor landlord languishing in courts for over fourty years. The case gets sadder when we note that appellant had been successful both in the trial court and the first appellate court and the saddest part is that the High Court in second appeal, went against him on a pure question of fact! Issue number-3 framed in Civil Regular Suit No. 191 of 1974 for eviction on the ground of unauthorised construction/material alteration, decided on 21.12.1989 in the Court of Munsiff, Bhilwara, Rajasthan, reads as follows:
Whether the tenant has carried out permanent construction on the plot thereby causing a
permanent change in the identity of the plot against the terms of the rent agreement? Having analysed and appreciated the evidence of PWs-1 and 2 and also DWs- 1 to 4, the trial court came to the following finding on the issue:
Thus all the witnesses of both sides have stated that when the plot was taken on rent, at that time, the plot was empty. The disputed plot was taken on rent. Later walls were constructed; sheets were put and were taken into use as shop and godown. Even today the plot is being used as shop and godown. Dissatisfied, the tenants took up the matter in appeal before the Court of the Additional District Judge-I, Bhilwara, Rajasthan in Civil Appeal No. 20 of 1999 (originally presented before the District Judge, Bhilwara, Rajasthan on 19.01.1990 and since transferred to the Additional District Judge). In the judgment dated 22.09.200022.09.2000, the first appellate court, after re-appreciating the whole evidence, came to the conclusion that:
... In my opinion the evidence that had been presented before the subordinate court, the subordinate court has not made any mistake in coming to the conclusion that the tenant has made structural changes in the rented accommodation. The appellant tenant has not been able to present any evidence to show that the consent of the land lord had been taken before making structural changes.
... On such findings, the appeal was dismissed. Thus, there are two findings of fact against the tenants/respondents.
......
103. In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,
(a) which has not been determined by the lower appellate court or by both the court of first instance and the lower appellate court, or
(b) which has been wrongly determined by such court or courts by reason of a decision on such question of law as is referred to in Section 100. The requirements stand specified in Section 103 and nothing short of it will bring it within the ambit of Section 100 since the issue of perversity will also come within the ambit of substantial question of law as noticed above. The legality of finding of fact cannot but be termed to be a question of law.
We reiterate however, that there must be a definite finding to that effect in the judgment of the High Court so as to make it evident that Section 100 of the Code stands complied with. In S.R. Tiwari v. Union of India[4], after referring to the decisions of this Court, starting with Rajinder Kumar Kindra v. Delhi Administration, Through Secretary (Labour) and others[5], it was held at paragraph-30:
30. The findings of fact recorded by a court can be held to be perverse if the findings have been arrived at by ignoring or excluding relevant material or by taking into consideration irrelevant/inadmissible material. The finding may also be said to be perverse if it is against the weight of evidence, or if the finding so outrageously defies logic as to suffer from the vice of irrationality. If a decision is arrived at on the basis of no evidence or thoroughly unreliable evidence and no reasonable person would act upon it, the order would be perverse. But if there is some evidence on record which is acceptable and which could be relied upon, the conclusions would not be treated as perverse and the findings would not be interfered with.
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