Supreme Court of India
ADDISSERY RAGHAVANversusCHERUVALATH KRISHNADASAN
- Citation
- 2020 INSC 418
- Decided
- 8 June 2020
- Disposal
- Appeal(s) allowed
- Bench
- R F NARIMAN
Holding
A revisional court cannot re‑appreciate the findings of fact of the first appellate authority unless they are perverse; therefore the Appellate Authority’s findings under Section 11(8) stand.
Summary
The tenant, Addissery Raghuvan, occupied two shop rooms in a building owned by the landlord, Cheruvalath Krishnadasan, who filed eviction petitions under Sections 11(2)(b), 11(8) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act, 1965, claiming a bonafide need for additional accommodation. The trial court granted eviction, but the Rent Control Appellate Authority reversed, relying on the Commissioner’s Report and the Building Tax Assessment Register to show vacant rooms in the landlord’s possession, and holding that the tenant’s temporary use of a room leased by his mother‑in‑law did not constitute possession, and that comparative hardship favored the tenant. The High Court, in revision under Section 20, set aside the Appellate Authority’s findings, interpreting Section 11(8) to restrict vacancy considerations to the same building and rejecting the evidence relied upon by the Appellate Authority. The Supreme Court held that the High Court exceeded its revisional jurisdiction because it re‑appreciated findings of fact that were not perverse, and affirmed that the Appellate Authority’s findings must stand. Consequently, the Supreme Court allowed the appeals, set aside the High Court judgment and restored the Appellate Authority’s order.
Issues considered
- The scope of Section 11(8) of the Kerala Rent Control Act with respect to vacant rooms in other buildings versus the same building
- Whether a revisional court under Section 20 can interfere with findings of fact of the first appellate authority in eviction proceedings
- The admissibility of the Commissioner’s Report and Building Tax Assessment Register as evidence of vacant rooms
- The proper assessment of comparative hardship between landlord and tenant
Legislation cited
- Bombay Rents, Hotel and Lodging House Rates Control Act, 1947s. 13(2)
- Code of Civil Procedures. 115
- Kerala Building (Lease and Rent Control) Act, 1965s. 11(2)(b), s. 11(4)(ii), s. 11(8), s. 20
Subjects
evictionrent controlrevisional jurisdictionSection 11(8)comparative hardshipbonafide requirementfindings of factHigh Court revisionKerala Rent Control Act
Judgment
438 [2020]REPORTS
SUPREME COURT 6 S.C.R. 438 [2020] 6 S.C.R.
A ADDISSERY RAGHAVAN
v.
CHERUVALATH KRISHNADASAN
(Civil Appeal Nos. 2528-29 of 2020)
B JUNE 08, 2020
[R. F. NARIMAN, NAVIN SINHA AND B. R. GAVAI, JJ.]
Kerala Building (Lease and Rent Control) Act, 1965 – s.11(8),
20 – Revisional jurisdiction of High Court – Appellant was tenant
C of two shop rooms – Eviction petitions filed by respondent were
decreed by trial court on his bonafide requirement of additional
accommodation for business – Reversed by Rent Control Appellate
Authority – Set aside by High Court – Held: Appellate Authority’s
finding that some of the rooms in respondent’s occupation were lying
vacant based on the Commissioner’s Report was not perverse and
D puts paid to any bonafide requirement of additional accommodation
of the respondent – Similar finding based on Building Tax
Assessment Register also could not have been interfered by High
Court – Appellate Authority also rightly found that the appellant
cannot be considered to be in possession of a room leased by his
E mother-in-law in another building only because he had her
permission to store goods when necessary – Interfering with this
finding of fact, without any perversity or misappreciation of evidence
by the Appellate Authority was outside High Court’s revisional
jurisdiction – Equally, the finding of comparative hardship, a finding
of fact not otherwise perverse could not have been upset in the
F manner as done by High Court – Judgment of High Court set aside
while that of the Appellate Authority is restored.
Allowing the appeals, the Court
HELD: 1.1 When the Appellate Authority relied upon the
Commissioner’s Report stating that there are 36 rooms in the
G
building and that the majority of the rooms are let out, showing
that some of the rooms in the occupation of the landlord are lying
vacant, it cannot be said that there is any perversity in this finding
of fact. Even assuming that the High Court is correct in its
construction of Section 11(8) of the Kerala Rent Control Act,
H
438
ADDISSERY RAGHVAN v. CHERUVALATH KRISHNADASAN 439
stating that vacant rooms in other buildings cannot be looked at, A
this finding of fact of the Appellate Authority puts paid to any
bonafide requirement of additional accommodation of the landlord
in the facts of the present case. The reliance upon the Building
Tax Assessment Register by the Appellate Authority, showing
that some of the rooms belonging to the landlord were lying
B
vacant, again, is a finding of fact which cannot be interfered with
in the manner done by the High Court. Further, the finding that a
room leased by the mother-in-law of the tenant in another building
is not in tenant’s possession only because he had his mother-in-
law’s permission to store goods when necessary, and especially
during festival occasions, on a temporary basis. Interfering with C
this finding of fact, again, without any perversity or misappreciation
of evidence by the Appellate Authority would clearly be outside
the High Court’s ken in its revisional jurisdiction. Equally, the
finding of comparative hardship, which is a finding of fact not
otherwise found to be perverse, cannot be upset in the manner
D
done by the High Court. [Paras 10, 11][450-D-H; 451-A]
Hindustan Petroleum Corporation Ltd. v. Dilbahar Singh
(2014) 9 SCC 78 : [2014] 14 SCR 1379 – followed.
Ram Dass v. Ishwar Chander (1988) 3 SCC 131 : [1988]
1 Suppl. SCR 239 – relied on. E
Badrinarayan Chunilal Bhutada v. Govindram
Ramgopal Mundada (2003) 2 SCC 320 : [2003] 1 SCR
329; Rukmini Amma Saradamma v. Kallyani Sulochana
& Ors. (1993) 1 SCC 499 : [1992] 3 Suppl. SCR 579 –
referred to. F
Piper v. Harvey (1958) 1 All ER 454 – referred to.
Case Law Reference
[2003] 1 SCR 329 referred to Para 7
[2014] 14 SCR 1379 followed Para 9 G
[1992] 3 Suppl. SCR 579 referred to Para 9
[1988] 1 Suppl. SCR 239 relied on Para 9
H
440 SUPREME COURT REPORTS [2020] 6 S.C.R.
A CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2528-
29 of 2020.
From the Judgment and Order dated 25.07.2017 of the High Court
of Kerala at Ernakulam in RCRev. No. 377 of 2016 and 378 of 2016.
K. Rajeev, Abid Ali Beeran P, K.M. Firoz, Sarath Janardhan, Advs.
B for the appearing parties.
The Judgment of the Court was delivered by
R. F. NARIMAN, J.
1. Leave granted.
C
2. In the present case, the appellant is the tenant of two shop
rooms – one on the ground floor and the other on the first floor, each
admeasuring 60 square feet. The tenant is doing textile business in the
room situated on the ground floor, using the first floor as a godown. The
ground floor room was let to the tenant on 10.10.1991 at a monthly rent
D of Rs.300/- which was later enhanced to Rs.800/-. The first floor room
was let to the tenant on 10.07.1998 at a monthly rent of Rs.250/- which
was later enhanced to Rs.317/-.
3. The respondent-landlord filed eviction petitions being RCP No.
175/2013 as well as RCP No.176/2013 on 11.10.2013 in respect of the
E two rooms in question. The said petitions were filed on three grounds,
namely, arrears of rent, bonafide requirement for additional
accommodation for the landlord’s business, and material damage to the
premises, under Sections 11(2)(b), 11(8) and 11(4)(ii), respectively, of
the Kerala Building (Lease and Rent Control) Act, 1965 [“Kerala Rent
Control Act”].
F
4. The trial court in its judgment dated 28.02.2015, held against
the landlord on the first and the third ground. However, so far as bonafide
requirement of additional accommodation was concerned, it was held
by the trial court that the landlord is the Managing Partner of
M/s Prabeesh Constructions, and that since the office of this firm was
G presently only in a small room in the same building, the other two rooms
would be required by way of additional accommodation for installing
staff members and materials. The trial court found that the
Commissioner’s Report in the present case did not point out that any
particular rooms were vacant in the premises. Equally, the production of
H Exhibit B3, i.e., the Building Tax Assessment Register, which recorded
ADDISSERY RAGHVAN v. CHERUVALATH KRISHNADASAN 441
[R. F. NARIMAN, J.]
that some rooms in the ownership of the landlord are vacant could not A
be relied upon. Further, it was held that the tenant had in his possession
another room in a neighbouring building, albeit leased by his mother-in-
law, and stating that, since the mother-in-law was not examined by the
tenant, the reasonable inference that could be drawn is that the aforesaid
room is in possession of the tenant. Finally, on comparative hardship, the
B
trial court held that the landlord will be able to run his establishment in a
better manner, whereas the tenant is not able to establish much hardship
caused to him. In this view of the matter, the eviction petitions were
decreed under Section 11(8) of the Kerala Rent Control Act.
5. The Rent Control Appellate Authority, by its judgment dated
30.01.2016, reversed the judgment of the trial court. It held: C
“12. According to the appellant, if at all the respondent needs any
rooms for the purpose of expanding his office, suitable rooms are
available in his possession. It has come in evidence that in the
building in which the petition schedule rooms are situated, there
are as many as 36 rooms. According to the appellant, the same D
rooms are lying vacant in this building. The respondent would
deny the contention. But in Ex.C1 report, the Commissioner only
would say that majority of the rooms in the building are leased
out. This shows that some of the rooms in the occupation of the
petitioner are lying vacant. It is true that the Commissioner has E
not specified the number of rooms lying vacant. The appellant
also could not point out the number of the rooms lying vacant in
the possession of the petitioner.”
Apart from this, it also relied upon several vacant rooms being
available in several other buildings owned by the landlord. So far as F
Exhibit B3 is concerned, the trial court’s finding was reversed, stating:
“16. The lower court has blamed the appellant for not producing
any documents to show that vacant rooms are available in the
possession of the respondent. I cannot agree with the observation
made by the lower court. When there is an admission by PW1 G
that there are vacant rooms, there is no need to produce any
document. It can also be seen that the appellant has produced
Ex.B3 series document Building Tax Assessment Register. It would
show that some of the rooms belonging to the respondent are
lying vacant. The lower court refused to rely upon Ex.B3 series,
observing that though the petition schedule shop rooms are H
442 SUPREME COURT REPORTS [2020] 6 S.C.R.
A admittedly in the possession of the appellant, one of the rooms is
shown as lying vacant. It is for the landlord to report about the
occupation of the rooms to the Panchayat. Without doing that, he
cannot blame the respondent or take advantage of the absence of
entry regarding the occupation of the building in the Building Tax
Assessment Register.”
B
On these grounds, therefore, the bonafide requirement of the
landlord for additional accommodation was turned down by the Appellate
Authority. So far as the room leased by the mother-in-law of the tenant
is concerned, and on comparative hardship, the Appellate Authority found:
C “18. … Even if it is conceded for a moment that the need of the
respondent is bonafide, I am of the view that the hardship which
would be caused to the tenant would outweigh the advantage to
the landlord in case of eviction of the petition schedule shop rooms.
While answering point No.1 it has been found that the respondent
has constructed a building having 99 rooms on the Pantheerankavu
D –bypass road and all those rooms are lying vacant. Only for the
reason that construction of the building is not complete, the claim
of the appellant that the vacant space is available in the possession
of the respondent cannot be ignored. It has also come in evidence
that vacant shop rooms are available in the Shyamala Building
E belonging to the petitioner at the time of filing the petition. It was
only after the institution of the petition that the respondent would
release his right in the building to his children as per Ext.A13
document. Here is a fight between a landlord, a person having
100 rooms at his disposal, and a tenant, who is conducting a petty
textile business. So, without much hesitation, it can be found that
F the hardship that would be caused to the appellant would
necessarily outweigh the advantage obtained by the respondent
on eviction of the appellant from the petition schedule shop rooms.
19. The lower court has observed that the tenant has vacant rooms
available in the locality to shift his business. It is true that there is
G no convincing evidence before the court to show that the vacant
rooms are not available in the locality to shift the business being
run in the petition schedule shop rooms. For the failure on the part
of the appellant to prove that vacant rooms are not available in
the locality to shift the business, it cannot be said that the hardship
H that would be caused to him would not outweigh the advantage
that would be received by the landlord.
ADDISSERY RAGHVAN v. CHERUVALATH KRISHNADASAN 443
[R. F. NARIMAN, J.]
20. The lower court has also observed that the building belonging A
to one Abdul Rehman is in the occupation of the tenant. This
observation has been made by the lower court relying on the
inconsistency in the stand taken by the tenant. In the counter,
what has been stated is that the said room in the building owned
by Abdul Rehman was taken on lease by his mother-in-law. But
B
in the evidence, the stand taken by the appellant is that it was
taken on lease by one Prameela and he used to keep his textile
goods in the said room when space in the petition schedule shop
rooms is not sufficient especially during festival occasions. I am
of the view that only for this inconsistency, the case of the
respondent that the appellant is in occupation of the room in the C
building owned by Abdul Rehman cannot be accepted. What has
been stated by the tenant when he was examined as RW1 in the
lower court is that when there was huge stock which could not be
kept in the petition schedule shop rooms, he used to keep the
stock in the room situated in the building owned by Abdul Rehman
D
on a temporary basis. He also would speak that like this, he used
to keep the stock-in-trade in some other rooms also for there is a
lack of space in the petition schedule shop room in the festival
season. Any way from this evidence, it cannot be said that the
appellant is in vacant possession of another room which is suitable
for the business being conducted in the petition schedule shop E
rooms. So I find that the lower court is not at all justified in finding
that the hardship that would be caused to the tenant would not
outweigh the advantage that would be received by the landlord on
getting eviction of the petition schedule premises. So I find that
the order of eviction passed by the trial court under Section 11(8)
F
is liable to be set aside.”
6. In a revision petition filed by the respondent-landlord under
Section 20 of the Kerala Rent Control Act, the High Court interfered
with the findings of fact by the Appellate Authority by posing two
questions before itself, namely:
G
“(1) What is the scope and extent of enquiry under Section 11(8)
of the Act? (2) Where the landlord is occupying a part of the
building in which the petition schedule building is situated, whether
the availability of other vacant room, in his possession, in any
other building would negative his claim under Section 11(8) of the
Act?” H
444 SUPREME COURT REPORTS [2020] 6 S.C.R.
A After stating that Section 11(8) of the Kerala Rent Control Act
speaks of vacant space or rooms in the same building, it was held that
the Appellate Authority was wrong in considering vacant rooms in other
buildings. So far as the Commissioner’s Report was concerned, the High
Court reiterated the findings of the trial court, stating that the
Commissioner had not reported the availability of any vacant room, and
B
that the burden is on the tenant to show that the landlord had in his
possession other vacant rooms. So far as Exhibit B3, being the Building
Tax Assessment Register is concerned, it was held that the entries in the
said Register cannot be taken as conclusive proof and must therefore be
discarded. On comparative hardship, the High Court agreed with the
C trial court, holding:
“13. Similarly, it has come out in evidence that the tenant has
been in occupation of another room in the building owned by one
Abdul Rehman. In the Rent Control Petitions, the landlord has
specifically stated that he is in occupation of another shop room in
D the building of the said Abdul Rehman. So, if an order of eviction
is passed, he will not be put to any hardship. The tenant’s
occupation in the building owned by Abdul Rehman has come out
in evidence. In that view, we find that the Rent Control Court is
justified in finding that the hardship that may be caused to the
tenant, if an order of eviction is passed, would not outweigh the
E advantage to the landlord.”
7. We have heard learned counsel appearing for the parties. The
learned counsel appearing on behalf of the appellant pointed out that
under Section 20 of the Kerala Rent Control Act, the High Court, in its
revisional jurisdiction, cannot act as if it is a second court of first appeal
F by setting aside findings of fact by the Appellate Authority on
reappreciation of the same. He also argued that there being no perversity
on the detailed findings given by the Appellate Authority, the High Court
exceeded its revisional jurisdiction in interfering with the same and wrongly
substituting the findings of the trial court for those of the Appellate
G Authority. Learned counsel appearing on behalf of the respondent,
however, relied strongly upon the trial court’s judgment and stated that
the Appellate Authority perversely dealt with material facts on the record
and its judgement was, therefore, correctly set aside within the revisional
jurisdiction by the High Court. He relied upon the judgment in
Badrinarayan Chunilal Bhutada v. Govindram Ramgopal
H
ADDISSERY RAGHVAN v. CHERUVALATH KRISHNADASAN 445
[R. F. NARIMAN, J.]
Mundada, (2003) 2 SCC 320 [“Badrinarayan”], in particular, paragraphs A
10 and 13 thereof.
8. Section 11(8) and Section 20 of the Kerala Rent Control Act
are set out hereinbelow:
“11. Eviction of tenants.–
B
xxx xxx xxx
(8) A landlord who is occupying only a part of a building may
apply to the Rent Control Court for an order directing any tenant
occupying the whole or any portion of the remaining part of the
building to put the landlord in possession thereof, if he requires C
additional accommodation for his personal use.
xxx xxx xxx
Provided that, in the case of an application made under
sub-section (8), the Rent Control Court shall reject the application
if it is satisfied that the hardship which may be caused to the D
tenant by granting it will outweigh the advantage to the landlord.
xxx xxx xxx”
“20. Revision.—(1) In cases, where the appellate authority
empowered under Section 18 is a Subordinate Judge, the District
Court, and in other cases the High Court, may, at any time, on the E
application of any aggrieved party, call for and examine the records
relating to any order passed or proceedings taken under this Act
by such authority for the purpose of satisfying itself as to the
legality, regularity or propriety of such order or proceedings, and
may pass such order in reference thereto as it thinks fit. F
(2) The costs of and incident to all proceedings before the High
Court or District Court under sub-section (1) shall be in its
discretion.”
9. It is important in cases like the present to first keep in mind the
parameters of the revisional jurisdiction of the High Court. In Hindustan G
Petroleum Corporation Ltd. v. Dilbahar Singh, (2014) 9 SCC 78, a
reference was made to a five-Judge Bench of this Court by a reference
order dated 27.08.2009, which reads as follows:
“The learned counsel for the appellant has placed reliance
on a three-Judge Bench decision of this Court in Rukmini Amma H
446 SUPREME COURT REPORTS [2020] 6 S.C.R.
A Saradamma v. Kallyani Sulochana [Rukmini Amma
Saradamma v. Kallyani Sulochana, (1993) 1 SCC 499] wherein
Section 20 of the Kerala Rent Control Act was in question. It was
held in the said decision that though Section 20 of the said Act
provided that the Revisional Court can go into the ‘propriety’ of
the order but it does not entitle the Revisional Court to reappreciate
B
the evidence. A similar view was taken by a two-Judge Bench of
this Court in Ubaiba v. Damodaran [Ubaiba v. Damodaran,
(1999) 5 SCC 645].
On the other hand the learned counsel for the respondent
has relied upon a decision of this Court in Ram Dass v. Ishwar
C Chander [Ram Dass v. Ishwar Chander, (1988) 3 SCC 131]
which was also a three-Judge Bench decision. It has been held in
that case that the expression ‘legality and propriety’ enables the
High Court in revisional jurisdiction to reappraise the evidence
while considering the findings of the first appellate court. A similar
D view was taken by another three-Judge Bench of this Court in
Moti Ram v. Suraj Bhan [Moti Ram v. Suraj Bhan, AIR 1960
SC 655].
From the above it is clear that there are conflicting views
of coordinate three-Judge Benches of this Court as to the meaning,
E ambit and scope of the expression ‘legality and propriety’ and
whether in revisional jurisdiction the High Court can reappreciate
the evidence. Hence, we are of the view that the matter needs to
be considered by a larger Bench since this question arises in a
large number of cases as similar provisions conferring power of
revision exists in various rent control and other legislations, e.g.
F Section 397 of the Code of Criminal Procedure. Accordingly, we
direct that the papers be placed before the Hon’ble the Chief
Justice for constituting a larger Bench.”
After setting out the various revisional provisions under State Rent
Control Acts including Section 20 of the Kerala Rent Control Act, this
G Court approved an earlier judgment of this Court construing the Kerala
Rent Control Act in Rukmini Amma Saradamma v. Kallyani
Sulochana & Ors., (1993) 1 SCC 499, as follows:
“38. Rukmini [Rukmini Amma Saradamma v. Kallyani
Sulochana, (1993) 1 SCC 499] holds, and in our view, rightly that
H
ADDISSERY RAGHVAN v. CHERUVALATH KRISHNADASAN 447
[R. F. NARIMAN, J.]
even the wider language of Section 20 of the Kerala Rent Control A
Act does not enable the High Court to act as a first or a second
court of appeal. We are in full agreement with the view of the
three-Judge Bench in Rukmini [Rukmini Amma Saradamma v.
Kallyani Sulochana, (1993) 1 SCC 499] that the word “propriety”
does not confer power upon the High Court to reappreciate
B
evidence to come to a different conclusion but its consideration of
evidence is confined to find out legality, regularity and propriety
of the order impugned [Kallyani Sulochana v. Saradamma, 1991
SCC OnLine Ker 213 : (1991) 2 KLJ 105] before it. We approve
the view of this Court in Rukmini [Rukmini Amma Saradamma
v. Kallyani Sulochana, (1993) 1 SCC 499].” C
xxx xxx xxx
“42. The observation in Ramdoss [Ramdoss v. K. Thangavelu,
(2000) 2 SCC 135] that the High Court in exercise of its revisional
jurisdiction cannot act as an appellate court/authority and it is
impermissible for the High Court to reassess the evidence in a D
revision petition filed under Section 25 of the Act is in accord with
Rukmini [Rukmini Amma Saradamma v. Kallyani Sulochana,
(1993) 1 SCC 499] and Sankaranarayanan [D.
Sankaranarayanan v. Punjab National Bank, 1995 Supp (4)
SCC 675]. Its observation that the High Court can interfere with E
incorrect finding of fact must be understood in the context where
such finding is perverse, based on no evidence or misreading of
the evidence or such finding has been arrived at by ignoring or
overlooking the material evidence or such finding is so grossly
erroneous that if allowed to stand, will occasion in miscarriage of
justice. Ramdoss [Ramdoss v. K. Thangavelu, (2000) 2 SCC F
135] does not hold that the High Court may interfere with the
findings of fact because on reappreciation of the evidence its view
is different from that of the first appellate court or authority. The
decision of this Court in V.M. Mohan [V.M. Mohan v. Prabha
Rajan Dwarka, (2006) 9 SCC 606] is again in line with the G
judgment of this Court in Rukmini [Rukmini Amma Saradamma
v. Kallyani Sulochana, (1993) 1 SCC 499].”
So far as the judgment in Ram Dass v. Ishwar Chander, (1988)
3 SCC 131, is concerned, the Court limited its finding as follows:
H
448 SUPREME COURT REPORTS [2020] 6 S.C.R.
A “32. Insofar as the three-Judge Bench decision of this Court in
Ram Dass [Ram Dass v. Ishwar Chander, (1988) 3 SCC 131] is
concerned, it rightly observes that revisional power is subject to
well-known limitations inherent in all the revisional jurisdictions
and the matter essentially turns on the language of the statute
investing the jurisdiction. We do not think that there can ever be
B
objection to the above statement. The controversy centres round
the following observation in Ram Dass [Ram Dass v. Ishwar
Chander, (1988) 3 SCC 131], “... that jurisdiction enables the
court of revision, in appropriate cases, to examine the
correctness of the findings of facts also….” It is suggested
C that by observing so, the three-Judge Bench in Ram Dass [Ram
Dass v. Ishwar Chander, (1988) 3 SCC 131] has enabled the
High Court to interfere with the findings of fact by reappreciating
the evidence. We do not think that the three-Judge Bench has
gone to that extent in Ram Dass [Ram Dass v. Ishwar Chander,
(1988) 3 SCC 131]. The observation in Ram Dass [Ram Dass v.
D
Ishwar Chander, (1988) 3 SCC 131] that as the expression used
conferring revisional jurisdiction is “legality and propriety”, the
High Court has wider jurisdiction obviously means that the power
of revision vested in the High Court in the statute is wider than
the power conferred on it under Section 115 of the Code of Civil
E Procedure; it is not confined to the jurisdictional error alone.
However, in dealing with the findings of fact, the examination of
findings of fact by the High Court is limited to satisfy itself that
the decision is “according to law”. This is expressly stated in Ram
Dass [Ram Dass v. Ishwar Chander, (1988) 3 SCC 131]. Whether
or not a finding of fact recorded by the subordinate court/tribunal
F
is according to law, is required to be seen on the touchstone whether
such finding of fact is based on some legal evidence or it suffers
from any illegality like misreading of the evidence or overlooking
and ignoring the material evidence altogether or suffers from
perversity or any such illegality or such finding has resulted in
G gross miscarriage of justice. Ram Dass [Ram Dass v. Ishwar
Chander, (1988) 3 SCC 131] does not lay down as a proposition
of law that the revisional power of the High Court under the Rent
Control Act is as wide as that of the appellate court or the appellate
authority or such power is coextensive with that of the appellate
authority or that the concluded finding of fact recorded by the
H
ADDISSERY RAGHVAN v. CHERUVALATH KRISHNADASAN 449
[R. F. NARIMAN, J.]
original authority or the appellate authority can be interfered with A
by the High Court by reappreciating evidence because Revisional
Court/authority is not in agreement with the finding of fact recorded
by the court/authority below. Ram Dass [Ram Dass v. Ishwar
Chander, (1988) 3 SCC 131] does not exposit that the revisional
power conferred upon the High Court is as wide as an appellate
B
power to reappraise or reassess the evidence for coming to a
different finding contrary to the finding recorded by the court/
authority below. Rather, it emphasises that while examining the
correctness of findings of fact, the Revisional Court is not the
second court of first appeal. Ram Dass [Ram Dass v. Ishwar
Chander, (1988) 3 SCC 131] does not cross the limits of Revisional C
Court as explained in Dattonpant [Dattonpant Gopalvarao
Devakate v. Vithalrao Maruthirao Janagaval, (1975) 2 SCC
246].”
So holding, the five-Judge Bench answered the reference, thus:
“43. We hold, as we must, that none of the above Rent Control D
Acts entitles the High Court to interfere with the findings of fact
recorded by the first appellate court/first appellate authority because
on reappreciation of the evidence, its view is different from the
court/authority below. The consideration or examination of the
evidence by the High Court in revisional jurisdiction under these E
Acts is confined to find out that finding of facts recorded by the
court/authority below is according to law and does not suffer from
any error of law. A finding of fact recorded by court/authority
below, if perverse or has been arrived at without consideration of
the material evidence or such finding is based on no evidence or
misreading of the evidence or is grossly erroneous that, if allowed F
to stand, it would result in gross miscarriage of justice, is open to
correction because it is not treated as a finding according to law.
In that event, the High Court in exercise of its revisional jurisdiction
under the above Rent Control Acts shall be entitled to set aside
the impugned order as being not legal or proper. The High Court G
is entitled to satisfy itself as to the correctness or legality or
propriety of any decision or order impugned before it as indicated
above. However, to satisfy itself to the regularity, correctness,
legality or propriety of the impugned decision or the order, the
High Court shall not exercise its power as an appellate power to
H
450 SUPREME COURT REPORTS [2020] 6 S.C.R.
A reappreciate or reassess the evidence for coming to a different
finding on facts. Revisional power is not and cannot be equated
with the power of reconsideration of all questions of fact as a
court of first appeal. Where the High Court is required to be
satisfied that the decision is according to law, it may examine
whether the order impugned before it suffers from procedural
B
illegality or irregularity.
44. We, thus, approve the view of this Court in Rukmini [Rukmini
Amma Saradamma v. Kallyani Sulochana, (1993) 1 SCC 499]
as noted by us. The decision of this Court in Ram Dass [Ram
Dass v. Ishwar Chander, (1988) 3 SCC 131] must be read as
C explained above. The reference is answered accordingly. The
civil appeals and the special leave petitions shall now be posted
before the regular Benches for decision in light of the above.”
10. In the facts of the present case, when the Appellate Authority
relied upon the Commissioner’s Report stating that there are 36 rooms
D in the building and that the majority of the rooms are let out, showing that
some of the rooms in the occupation of the landlord are lying vacant, it
cannot be said that there is any perversity in this finding of fact. Even
assuming that the High Court is correct in its construction of Section
11(8) of the Kerala Rent Control Act, stating that vacant rooms in other
E buildings cannot be looked at, this finding of fact of the Appellate Authority
puts paid to any bonafide requirement of additional accommodation of
the landlord in the facts of the present case.
11. The reliance upon the Building Tax Assessment Register by
the Appellate Authority, showing that some of the rooms belonging to
F the landlord were lying vacant, again, is a finding of fact which cannot
be interfered with in the manner done by the High Court. Further, the
finding that a room leased by the mother-in-law of the tenant in another
building is not in the tenant’s possession only because he had his mother-
in-law’s permission to store goods when necessary, and especially during
festival occasions, on a temporary basis, would also show that he cannot
G be considered to be in possession of the said room, as rightly held by the
Appellate Authority. Interfering with this finding of fact, again, without
any perversity or misappreciation of evidence by the Appellate Authority
would clearly be outside the High Court’s ken in its revisional jurisdiction.
Equally, the finding of comparative hardship, which is a finding of fact
H
ADDISSERY RAGHVAN v. CHERUVALATH KRISHNADASAN 451
[R. F. NARIMAN, J.]
not otherwise found to be perverse, cannot be upset in the manner done A
in the present case by the High Court.
12. Learned counsel for the respondent, however, relied upon the
judgment of this Court in Badrinarayan (supra). This was a case which
arose under the Bombay Rents, Hotel and Lodging House Rates Control
Act, 1947 [“Bombay Rent Act”], Section 13(2) of which states as B
follows:
“13. When landlord may recover possession.—
xxx xxx xxx
(2) No decree for eviction shall be passed on the ground specified C
in clause (g) of sub-section (1) if the court is satisfied that, having
regard to all the circumstances of the case including the question
whether other reasonable accommodation is available for the
landlord or the tenant, greater hardship would be caused by passing
the decree than by refusing to pass it.
D
Where the court is satisfied that no hardship would be caused
either to the tenant or to the landlord by passing the decree in
respect of a part of the premises, the court shall pass the decree
in respect of such part only.
xxx xxx xxx”
E
The finding of fact arrived at by the Appellate Authority and
sustained by the High Court as to bonafide requirement of the landlord
in that case was upheld by the Supreme Court. The only question that
the Supreme Court was called upon to decide is the exercise of discretion
under Section 13(2) of the Bombay Rent Act so far as partial eviction is
F
concerned (see paragraph 5). Paragraph 10 strongly relied upon by learned
counsel for the respondent is in the context of a partial eviction being
ordered, in which this Court stated:
“10. …It is expected of the parties to raise necessary pleadings,
and the court to frame an issue based on the pleadings so as to
enable parties to adduce evidence and bring on record such relevant G
material as would enable the court forming an opinion on the issue
as to comparative hardship and consistently with such finding
whether a partial eviction would meet the ends of justice. Even if
no issue has been framed, the court may discharge its duty by
H
452 SUPREME COURT REPORTS [2020] 6 S.C.R.
A taking into consideration such material as may be available on
record.”
Paragraph 13 was then relied upon, which dealt with an English
judgment in Piper v. Harvey, (1958) 1 All ER 454, in which it was
found, on the evidence adduced in that case, that the comparative hardship
B issue would have to be decided against the tenant. After going into the
facts in that case, this Court remanded the case to the appellate court to
frame two issues which related to whether a partial eviction would meet
the ends of justice (see paragraph 16).
13. Section 11(8) of the Kerala Rent Act is materially different
C from Section 13(2) of the Bombay Rent Act in that it does not provide
for partial eviction if comparative hardship of a landlord and a tenant are
to be weighed against each other. Even otherwise, on the facts of this
case, issue (3) was specifically raised, which reads as follows:
“(3) Whether the hardship which may be caused to the respondent
D by granting eviction will outweigh the advantage to the petitioner?”
This issue was answered by the trial court by merely stating that
the landlord will be able to run his establishment in a better manner if he
gets the schedule petition rooms, which will help to lead his establishment
to prosperity, as compared with the tenant, who is not able to “establish
E much hardship to him”. This vague finding was rightly set aside by the
Appellate Authority, which has been set out by us inextenso in paragraph
5 of this judgment. As has been stated hereinabove, without finding this
to be perverse, the High Court acted outside its revisional jurisdiction in
substituting the same in the manner done hereinabove.
F 14. For all these reasons, we allow the appeals and set aside the
High Court’s judgment, restoring that of the Appellate Authority.
Divya Pandey Appeals allowed.
G
H
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