WAHEED AHMED SHAHEED vs FARID ASHRAF
This matter concerns a petition for leave to appeal against a judgment of the High Court, which had set aside an order of ejectment passed by a Rent Controller. The petitioner had originally sought the respondent's eviction from the disputed premises based on two grounds: bona fide personal requirement and the unauthorized conversion of the premises into a motor workshop. The Rent Controller had initially allowed the ejectment application on both grounds. However, the High Court reversed this decision on appeal. The core legal question before the Supreme Court was whether the High Court was justified in interfering with the findings of fact recorded by the Rent Controller. Upon reviewing the impugned judgment, the Supreme Court determined that the High Court's reasoning for setting aside the Rent Controller's findings did not align with the evidence on record. Consequently, the Court granted leave to appeal, holding that the High Court's interference with factual findings was unwarranted. The principle established is that an appellate court should not disturb findings of fact by a lower forum if the reasoning for such interference is not supported by the evidence.
- Can an appellate court interfere with findings of fact recorded by a Rent Controller if the reasoning is not supported by the evidence?
- Is the unauthorized conversion of premises into a motor workshop a valid ground for ejectment?
ORDER
1. S.A. NUSRAT, J.--The petitioner applied for the ejectment of the respondent from the disputed premises on the ground of his bona fide personal requirement and conversion of the premises into a motor workshop. The ejectment application was allowed by the Rent Controller on both the grounds by his order, dated 7-11-1983. The respondent's appeal was allowed by the learned High Court as per impugned judgment and the finding of the Rent Controller was set aside on both the grounds.
2. 2.After going through the impugned judgment of the learned High Court, we find that the findings of fact have been interfered with by the learned High Court on reasoning which does not appear to be in accord with the evidence. Leave to appeal is accordingly granted. Security Rs.1,000. The appeal will be heard or the present record with liberty to the parties to file additional documents, if any. As the point involved is short, the appeal may be fixed at an early date.