Supreme Court of India · 2016-01-05
DAMODAR LAL vs SOHAN DEVI
- Citation / case number
- SC 2013/2496
- Court
- Supreme Court of India
- Petitioner
- DAMODAR LAL
- Respondent
- SOHAN DEVI
- Author
- KURIAN
- Bench
- KURIAN JOSEPH T.S. THAKUR
Judgment text excerpt
The Supreme Court held that the High Court erred in reversing the concurrent findings of fact regarding unauthorized construction by the tenant, which were established by both the trial court and the first appellate court. The Court emphasized that the absence of the landlord's testimony does not automatically render the findings perverse, and adverse inference cannot be drawn without proper justification. The judgment of the High Court was set aside, reinstating the eviction order based on the material alteration under the terms of the rent agreement.