TMI Blog2004 (3) TMI 748X X X X Extracts X X X X X X X X Extracts X X X X ..... the landlord-owner of the suit premises in occupation of respondent as the tenant. Proceedings for eviction of the respondent were initiated by the landlord on the grounds available under clauses (a) and (b) of sub-section (1) of Section 21 of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972). The appellant's case was that the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itional District Judge held the availability of both the grounds of eviction in favour of the appellant. The learned ADJ entered into re-appreciation of evidence and assigned reasons to show why the findings arrived at by the Trial Court could not have been sustained. In the shop, in occupation of the respondent, he was running the business of fertilizers and agricultural implements and thus it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The High Court has set aside the judgment of the Appellate Court and restored that of the Trial Court. A perusal of the judgment of the High Court shows that the High Court has clearly exceeded its jurisdiction in setting aside the judgment of the Appellate Court. Though not specifically stated, the phraseology employed by the High Court in its judgment, goes to show that the High Court has ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court under Article 227 of the Constitution also, it has been held in Surya Dev Rai (Supra) that the jurisdiction was not available to be exercised for indulging into re-appreciation or evaluation of evidence or correcting the errors in drawing inferences like a court of appeal. The High Court has itself recorded in its judgment that considering the evidence on the record carefully i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
