TMI Blog2001 (2) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... essential facts. The appellant took the disputed shop on rent from one Aya Ram who sold the said shop to one Prakash Rani. The respondents nos. 1 to 8 are Lrs. of this Prakash Rani, who filed petition for eviction against the appellant under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Act) from the disputed shop. The eviction petition was based on three grounds: (a) The appellant has not paid the rent from 2nd July, 1968, (b) He has sub-let the shop without taking the permission of the landlord and (c) the building is in dilapidated condition with cracks hence not fit for human habitation requiring demolition and reconstruction. The appellant denied all these and other allegations made in the petition. The trial court decreed the eviction petition. It held that the appellant tendered the rent on 24.10.1975 about which no grievance was made by the respondent-landlord at the time of arguments, the shop was sub-let by the appellant, and the disputed shop is unfit for human habitation. The appellant filed appeal and the Appellate Court set aside the trial court findings. It held that sub- letting has not been proved. It further, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on its own motion, call and examine the records relating to any order passed or proceedings taken under this Act for the purpose of satisfying itself as to the legality or propriety of such order/proceedings and may pass an order in relation thereto as it may deem fit. The law on the subject is well settled. The language of this sub- section clearly spells out, High Court jurisdiction is neither restricted to what is under Section 115 of the Civil Procedure Code nor it is as large as power of the Appellate Authority. The High Court under its supervisory revisional jurisdiction could examine the legality or propriety of any order. This legality or propriety widens the scope of the High Court which is larger than the power of revision under Civil Procedure Code. But in no case it confers power to set aside findings of fact by reappraisal of evidence. In doing so it would be trespassing its jurisdiction. However, good reason for drawing a different conclusion it cannot be construed to be within jurisdiction. Thus courts have to carve out a field for the exercise of revisional jurisdiction under sub-section (5) of Section 15, emanating from the words legality and propriety which s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her hand learned counsel for the appellant has relied on Mrs. Mohini Suraj Bhan vs. Vinod Kumar Mital, (1986) 1 SCC 687. This Court observed: It cannot be disputed that the powers of the High Court under Section 15(5) of the Act are wide and not confined merely to examining the legality of the appellate authoritys order nor are those powers akin to the revisional powers of the High Court under Section 115 of the CPC. The pith and substance of these authorities, to which appellant relies is that Court under its revisional jurisdiction cannot disturb finding of facts nor could it reappraise evidence on record, it can only interfere if there is impropriety and illegality in the impugned order. One of the submissions for the appellant is that the High Court in its revisional jurisdiction should not have permitted the inspection of the disputed shop by the local Commissioner while exercising its revisional jurisdiction. The submission is, the revisional court could only take into consideration the fact existing on the date of filing of the eviction petition supported by evidence on record, thus by bringing on record the aforesaid report of the local Commissioner which was called a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... just and meaningful as also legally and factually in accord with the current realities, the Court can, and in many cases must, take cautious cognisance of events and developments subsequent to the institution of the proceeding provided the rules of fairness to both sides are scrupulously obeyed. This Court in Ramesh Kumar vs. Kesho Ram, 1992 Supp. (2) SCC 623 held: The normal rule is that in any litigation the rights and obligations of the parties are adjudicated upon as they obtain at the commencement of the lis. But this is subject to an exception. Wherever subsequent events of fact or law which have a material bearing on the entitlement of the parties to relief or on aspects which bear on the moulding of the relief occur, the court is not precluded from taking a cautious cognizance of the subsequent changes of fact and law to mould the relief. In Lachmeshwar Prasad Shukul v. Keshwar Lal Chaudhuri Chief Justice Sir Maurice Gwyer observed: (AIR p.6) But with regard to the question whether the court is entitled to take into account legislative changes since the decision under appeal was give, I desire to point out that the rule adopted by the Supreme Court of the United State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recorded therein are; (a) when the application for ejactment was filed, there was no crack in the wall of the disputed shop (b) the cracks are from the Dehori side which are in possession of the landlord, (c) Similarly when the application for ejactment was made the roof of the shop was in absolute perfect condition, (d) the landlord has deliberately damaged the roof for which the appellant filed a complaint to the police. Each of these objections has no force. The objection with respect to the cracks on the wall and the condition of the roof is, when the application for eviction was filed there were no cracks in the wall. This objection has no merit, as per own evidence of the appellant, he testified existence of such cracks but said, for this reason it cannot be said it to be unfit for human condition. The submission that court could only take into consideration on the facts existing on the date of suit only has also no merit. In view of the legal principle we have stated herein before, a Court could take into consideration subsequent facts, event or happening which are relevant, and in the present case after expiry of about two decades if fresh local Commissioner was appoint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him, if appellant so desired for praying to the Court to grant time to lead evidence in this regard. Since court permitted, a local Commissioner to report, so it would have granted the prayers for leading evidence. Hence we do not find any of the objections raised by the appellant, have any merit. The High Court considered the said report, and there exists a hole on the roof which is not disputed. It further records, even if the same is ignored, there are big cracks found by the Commissioner on the beginning of the wall extending from top to more than middle, and another big crack on another wall. The report records the depth of the crack, not merely the length of the crack showing the bad condition of the two walls of the disputed shop. Mere length of crack by itself may not have foundation to hold its condition of structure of the shop to be bad but it would be, where the crack measures 2 x 7.5 depth in one wall on the upper side and 1.5 (illegible) on the lower side and another crack measuring 2 x 8 from the upper side and 2 x 7 from the lower side. This along with condition of roof, if was considered by the High Court to draw the inference of the condition of the shop, it cann ..... X X X X Extracts X X X X X X X X Extracts X X X X
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