Supreme Court of India · 1965-04-15
CHUNILAL VITHALDAS vs MOHANLAL MOTILAL PATEL
- Citation / case number
- SC 1964/90392
- Court
- Supreme Court of India
- Petitioner
- CHUNILAL VITHALDAS
- Respondent
- MOHANLAL MOTILAL PATEL
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that a second appeal under Section 28 of the Saurashtra Rent Control Act, 1951, is subject to the limitations of Section 100 of the Code of Civil Procedure. The Court clarified that the High Court is not to reappraise evidence but can dismiss appeals under Order 41, Rule 11(1). It was also held that the lower courts correctly considered the total price paid for land and buildings in determining rent, and the District Court's return rate of 7% was not erroneous.