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december 1974

Supreme Court of India · 1974-12-03

SHAIK JAFFAR SHAIK MAHMOOD & ORS. vs MOHD. PASHA HAKKANI SAHAB & ORS.

Citation / case number
SC 1974/60356
Court
Supreme Court of India
Petitioner
SHAIK JAFFAR SHAIK MAHMOOD & ORS.
Respondent
MOHD. PASHA HAKKANI SAHAB & ORS.
Bench
GOSWAMI, P.K.

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction under Section 26 of the Hyderabad Houses (Rent Eviction and Lease) Control Act, 1954 by reappreciating evidence and overturning the conclusions of the Rent Controller and the Assistant Judge. The Court clarified that the revisional power is narrower than appellate power, aligning with Section 115 of the Civil Procedure Code, which restricts the High Court to errors of jurisdiction rather than factual conclusions. The appeal was allowed, reinstating the decisions of the lower courts.

SHAIK JAFFAR SHAIK MAHMOOD & ORS. vs MOHD. PASHA HAKKANI SAHAB & ORS. · Niyam