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july 2017

Supreme Court of India · 2017-07-27

Gandhe Vijay Kumar vs Mulji @ Mulchand

Citation / case number
AIRONLINE 2017 SC 249
Court
Supreme Court of India
Petitioner
Gandhe Vijay Kumar
Respondent
Mulji @ Mulchand
Author
Kurian Joseph
Bench
R. Banumathi, Kurian Joseph

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction by re-appreciating evidence in a rent control case, emphasizing that in revisional jurisdiction, the court's role is limited to determining whether findings of fact are illegal or perverse, as established in Hindustan Petroleum Corporation Ltd. v. Dilbahar Singh. The Court clarified that the revisional power under the Rent Control Acts does not equate to that of an appellate court, and thus, the High Court cannot interfere with factual findings unless they are legally flawed. The appeal was allowed, reinstating the findings of the Rent Controller.

Gandhe Vijay Kumar vs Mulji @ Mulchand · Niyam