TMI Blog1995 (5) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... he House No.372, situated in Ward No.7, Sadar Bazar, Karnal consisting of two rooms, one varandah and kitchen and an open courtyard on the grounds set out hereunder :- I THAT the respondent was a defaulter in respect of payment of arrears of rent from 1-8-1979 to 31-7-1982 at the rate of ₹ 20/- per month amounting to ₹ 720/- and House Tax to ₹ 90/-: II THAT the respondent had started tethering cattle and putting dung cakes on walls of demised premises diminishing its value and utility; III THAT the respondent had ceased to occupy the tenanted premises for more than a year without reasonable cause and; IV THAT the respondent-tenant has shifted his residence to his own residential House No.351/7, Sadar Bazar, Karnal having purchased in the name of his wife which is reasonably sufficient for himself and his family members. It may be pointed out here that the afore-mentioned grounds of eviction fall under Sections 13(2) (1), 13(2) (iii), 13(2)(v) and 13(3)(a) (iv) respectively of the Haryana Urban (Control of Rent and Eviction) Act, 1973 [hereinafter referred to as the `Act']. 4. The respondent-tenant contested the said eviction proceedings by co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The respondent-tenant then prefarred Civil Revision under sub-section (6) of Section 15 of the Act before the High Court of Punjab and Haryana and the learned Single Judge by the impugned judgment set aside the concurrent findings of the two courts below by holding that it was not established that the respondent-tenant has acquired or is in possession of reasonably sufficient accommodation which renders him liable to be evicted from the demised premises. 6. Learned counsel appearing for the landlord- appellant strenuously urged that the learned Single Judge of the High Court committed a grave and serious error in interferring with the well reasoned judgment and findings of fact recorded by the two courts below after proper appreciation of evidence on record and took contrary view on extraneous facts and circumstances by ignoring the relevant evidence and material on record which has resulted into miscarriage of justice. The learned counsel for the appellant submitted that there is cogent and convincing evidence indicating that the respondent had shifted to new residential house which he had acquired in the name of his wife and had absolutely ceased to occupy the tenanted premi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as created two jurisdictions different from each other in scope and content in the form of an appeal and revision. That being so the two jurisdictions - one under an appeal and the other under revision cannot be said to be one and the same but distinct and different in the ambit and scope. Precisely stated, an appeal is a continuation of a suit or proceedings wherein the entire proceedings are again left open for consideration by the appellate authorities which has the power to review the entire evidence subject, of course, to the prescribed statutory limitations. But in the case of revision whatever powers the revisional authority may have, it has no power to reassess and reaporeciate the evidence unless the statute expressly confers on it that power. That limitation is implicit in the concept of revision. In this view of the matter we are supported by a decision of this Court in State of Kerala vs. K.M. Charia Abdullah and Co. [1965 (1) SCR 601 at 604 ]. 8. This Court in the case of Hari Shankar vs. Rao Girdhari Lal Chowdhury [ 1962 Suppl (1) SCR 933 = AIR 1963 SC 698 ] had an occasion to consider the question of distinction between an appeal and a revision and Hidayatullah, J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t ignoring the aforementioned well recognised principles, it would amount to equating the revisional powers of the High Court as powers of a regular appeal frustrating the fine distinction between an appeal and a revision. That being so unless the High Court comes to the conclusion that the concurrent findings recorded by the two courts below are wholly perverse and erroneous which manifestly appear to be unjust there should be no interference. In the present case the two courts below have thoroughly examined and appreciated the parties evidence and have recorded a definite finding, entirely based on the evidence on record that the respondent-tenant has ceased to occupy the demised premises since after September 1981 and had, in fact, alongwith his wife and family started living in the House No.351, Ward No.7, Karnal, having been acquired by him in the name of his wife. 11. It may be noticed that the learned Single Judge has himself stated in the impugned judgment that it is not a matter of dispute that both the accommodations i.e. the demised premises and the house acquired by the tenant- respondent, in the name of his wife, both have almost the same capacity, yet the learned S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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