Supreme Court of India · 1988-10-05
FIRM SAGARMAL VISHNU BHAGWAN vs GAURI SHANKAR AND ORS.
- Citation / case number
- SC 1977/61702
- Court
- Supreme Court of India
- Petitioner
- FIRM SAGARMAL VISHNU BHAGWAN
- Respondent
- GAURI SHANKAR AND ORS.
- Author
- S. NATRAJAN
- Bench
- S. NATRAJAN
Judgment text excerpt
The Supreme Court examined the application of Section 13(c) and (6) of the Rajasthan Premises (Control of Rents & Eviction) Act, 1950, regarding tenant eviction on grounds of material alteration. The Court held that the High Court erred in setting aside the trial court's concurrent finding that the appellant's construction did not constitute a material alteration, as it exceeded its jurisdiction in revising the factual findings without a cross-objection. Consequently, the Court upheld the trial court's decision, ruling that the eviction decree was not sustainable due to the lack of material alteration.