Supreme Court of India · 1987-05-06
HELPER GIRDHIARBHAI vs SAIYED MOHMAD MIRASAHEB KADRI AND OTHERS.
- Citation / case number
- SC 1979/62721
- Court
- Supreme Court of India
- Petitioner
- HELPER GIRDHIARBHAI
- Respondent
- SAIYED MOHMAD MIRASAHEB KADRI AND OTHERS.
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court held that under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, the High Court has revisionary powers and cannot reappraise evidence in a manner that contradicts the appellate court's findings. The Court found that the appellant's claim of a genuine partnership was not substantiated, as the High Court determined that the partnership was a mere facade for subletting. Consequently, the eviction order was upheld, affirming the lower court's decision that there was unlawful subletting of the premises.