KALEY KHAN vs Mst. ZAITOON BEGUM
This matter arises from a petition for special leave to appeal filed by a tenant against the concurrent findings of the Rent Controller, District Judge, and the High Court, ordering his eviction from the disputed property on grounds of default in rent payment and personal need of the landlady. The core legal question involves whether the lower forums misread and improperly construed the rent receipts produced by the tenant to establish payment. The Supreme Court held that upon examination, the receipts themselves demonstrated that the tenant was indeed a defaulter in the payment of rent. The court concluded that the case rested entirely on concurrent findings of fact and presented no merit, thereby dismissing the petition for special leave to appeal.
- Can the Supreme Court interfere with concurrent findings of fact regarding rent default in a petition for special leave to appeal?
- Do rent receipts showing non-payment constitute valid proof of default under rent laws?
ORDER
KARAM ELAHEE CHAUHAN, J.-This a petition by Kaley Khan tenant who was ordered by the learned Rent Controller to be evicted from the property in dispute on the ground of default in the payment of rent and the personal need of the respondent landlady. The petitioner's first and second appeals were dismissed by the learned District Judge and the High Court on 6-0-1980 and 15-4-1980, respectively. The petitioner has come up in petition for special leave to appeal against the same to this Court.
2: As will be evident, the case is concluded by finding of fact and apparently is not fit for grant of special leave to appeal. When confronted with the situation' -the learned counsel tried to argue that certain receipts which had been produced by his client to show the payment of rent have her misread and not properly construed. However, when he took us through these receipts .It became evident-that even these documents showed him as a defaulter in the payment of rent.
3. No other point was argued before us.
4. The result is that this petition has no merit and is dismissed.