Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2018 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 2100 - SC - Indian LawsEviction from suit premises - eviction was claimed inter alia on the ground of unauthorized user of the suit premises by the appellants (defendants) which, according to the respondent (plaintiff), amounted to the change of user under the provision of Section 16(1)(n) of the Maharashtra Rent Control Act, 1999 - HELD THAT:- It is for the reason that the Executing Court had already decided all objections raised by the defendants (appellants) on merits and had found no merit therein. The Revisionary Court was, therefore, under legal obligation to decide the legality and correctness of the findings recorded by the Executing Court on its merits in its revisionary jurisdiction instead of remanding the case to the Executing Court. Indeed, we do not find any justifiable reason, which could justify remand having regard to the nature of the objections raised by the defendants (appellants) before the Executing Court. In other words, this was not the case, which needed remand to the Executing Court for its fresh decision on merits. The remand of a case to the Subordinate Court is considered necessary when the Superior Court while exercising its appellate or revisionary jurisdiction finds that the Subordinate Court has failed to decide some material issues arising in the case or there is some procedural lacuna noticed in the trial, which has adversely affected the rights of the parties while prosecuting the suit/proceedings or when some additional evidence is considered necessary to decide the rights of the parties which was not before the Trial Court etc - Such was not the case here. Permission to file additional documents (Ex.22) to prove their case was provided or not - HELD THAT:- The documents sought to be filed by the defendants (revision petitioners) were neither relevant and nor material for deciding the legality and correctness of the order passed by the Executing Court. The legality and correctness of the order impugned in the revision could be decided one way or the other without the aid of any additional document but on the basis of material already on record keeping in view the law laid down by this Court in several decided cases on the issue in question. Indeed, if the Executing Court could decide the issue finally at its level, the Revisionary Court too could do the same at its level. The High Court had no jurisdiction to decide the issue but having regard to the nature of objections, remedy available to the parties to have finding on the question arising in the case one way or the other from the Revisionary Court and to put the record straight, it was not called for in this case - case remanded to the Revisionary Court to decide the defendants’ (appellants’) revision afresh on merits in accordance with law - appeal allowed in part.
|