ADIL JAMSHED FRENCHMAN (D) BY LRS. vs SARDAR DASTUR SCHOOLS TRUST .

The Supreme Court addressed the application of Rule 27 of Order 41 of the Code of Civil Procedure, 1908, in a landlord-tenant eviction case under Section 13 of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947. The Court held that the High Court erred in setting aside the first appellate court's order allowing additional evidence, emphasizing that the tenant must demonstrate due diligence in obtaining such evidence. The Court ultimately reaffirmed the trial court's decree based on the landlord's bona fide requirement for the premises, while clarifying the standards for admitting additional evidence in appellate proceedings.