LACHHMAN DASversusSANTOKH SINGH

A                                LACHHMAN DAS
                                            v.
                                 SANTOKH SINGH

                                   MAY 12, 1995

B                [DR. A.S. ANAND AND FAIZAN UDDIN, JJ.]

         Hary011a Urban (Control of Rent and Eviction) Act 1973: Sections
  15(2) and 15(6rAppea/ and Revision-distinction and scope of-Whether
  the Revisiona/ Court has jurisdiction to reassess and re-appreciate evidence
C 011d substitute its own conclusions by setting aside finding of the court below.
           The appellant-landlord filed a petition for eviction against the
    respondent-tenant from the premises on grounds of arrears of rent; tether-
    ing cattle and putting dung cakes on walls of demised property diminish-
    ing its value and utility; that tenant had ceased to reside in the tenanted
D   premises for more than a year and that the tenant had shifted his residence
    elsewhere.

          The Rent Controlling Authority after framing the issues ordered the
    eviction of the tenant.

E         On Appeal the appellate authority affirmed the order of eviction
    passed by the Rent Controller. Subsequently the Respondent-tenant
    preferred Revision Petition to the High Court which was allowed by setting
    aside the concurrent findings of the two courts below. Hence the appeal by
    the landlord.
F         The appellant contended that the High Court committed a grave and
    serious error by interfering in a well reasoned judgment by the lower
    courts which has resulted in miscarriage of justice. It was argued by the
    appellant that the High Court had totally ignored the false defence set up
    by the Respondent- tenant.
G
          Allowing the appeal, this court

        Held : 1. The legislature had created two different jurisdictions - one
  under appeal and the other under Revision - and the two are different and
  distinct from each other in ambit and scope. The Appeal is a continuation
H of a suit or proceedings wherein the entire proceedings are again left open
                                      484
                  LACHHMAN DASS v. SANTOKH SINGH                           485

 for consideration by the appellate authority which has the power to review A
 the entire evidence but within the prescribed statutory limitations. While
 in the case of revision, the revisional authority has no power to reap-
 preciate and reassess the evidence unless the statute expressly confers on
 it that power. A right to appeal carries with it the right of hearing on law
 as well as fact whereas the power to hear a revision is generally given to a B
 superior court so that it may satisfy itself that a particular case has been
.decided according to law. The revisional jurisdiction of the High Court
 does not include the power to reverse concurrent findings without showing
 how those findings are erroneous. [489-D, 490-B]

        2. In the present case sub-section (6) of section 15 of Haryana Urban     C
  (Control of Rent and Eviction) Act, 1973 confers Revisional power on the
  High Court for the pnrpose of satisfying itself with regard to the legality
  or propriety of an order or a proceeding. This power, however, is not so
· wide as to encompass all the attributes and characteristics of an appeal.
  It cannot disturb concurrent finding of fact properly arrived at without
  recording as to how such findings are perverse or are based on no evidence.     D
  Ignoring these principles would amount to equating revisional powers of
  the High Court with a regular appeal and thus rupture the fine distinction
  between an appeal and a revision. Unless the findings of the two courts
  below are absolutely perverse and erroneous, the High Court should not
  interfere. In the present case the High Court Judge disturbed the concur-       E
  rent findings for no good reasons resulting in miscarriage of justice.
                                                           [490-C, E, G, 491-F]
       State of Kera/a v. K.M. Charia Abdullah and Co., [1965] 1 SCR 601;
 Hari Shankar v. Rao Girdhari Lal Chowdhury, [1962] Suppl. 1 SCR 933 =
 AIR (1963) SC 698 and Neta Ram and Ors. v. Jivan Lal and Another, AIR            F
 (1963) SC 499, relied on.

         CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5752 of
 1995.

      From the Judgment and Order dated 19.2.1991 of the Punjab and               G
 Haryana High Court in C.R. No. 1076 of 1987.

      Sarwa Mittar and Sujit Bhattacharya for Mitter & Mitter Co. for the
 Appellant.

         K.G. Bhagat, Kamal Baid and Ms. Kusum Choudhary for the H
    486                    SUPREME COURT REPORTS [1995) SUPP. 1 S.C.R.

A Respondent.

          The Judgment of the Court was delivered by

          FAIZAN UDDIN, J. 1. Leave granted.

B          2. This appeal under Article 136 of the Constitution of India has been
    directed against the judgment dated 19th February, 1991, passed by a
    learned Single Judge of the High Court of Punjab and Haryana at Chan-
    digarh in Civil Revision No. 1076 of 1987 reversing the judgment and order
    of eviction passed against the tenant-respondent herein by the Rent Con-
C   trolling Authority, Karna! in Rent Case Nos. 41/2 of 1984 (21/2 of 1992)
    and affirmed by the Appellate Authority, Kamal in Rent Appeal No. 1 of
    1986 decided on 11th March, 1987.

          3. The present appellant brought the suit seeking the eviction of his
    tenant, the respondent herein, from the House No 372, situated in Ward
D   No. 7, Sadar Bazar, Kamal consisting of two rooms, one varandah and
    kitchen and an open courtyard on the grounds set out hereunder :-

          I.   THAT the respondent was a defaulter in respect of payment of
               arrears of rent from 1.8.1979 to 31.7.1982 at the rate of Rs. 20
E              per month amounting to Rs. 720 and House Tax to Rs. 90.;

          II. THAT the respondent had started tethering cattle and putting
              dung cakes on walls of demised premises diminishing its value
              and utility;

F         III. THAT the respondent had ceased to occupy the tenanted
               premises for more than a year without reasonable cause and;

          IV. THAT the respondent-tenant has shifted his residence to his own
              residential House No. 351/7, Sadar Bazar, Karna! having pur-
              chased in the name of his wife which is reasonably sufficient for
G             himself and his family members.

    It may be pointed out here that the afore-mentioned grounds of eviction
    fall under Sections 13(2)(1). 13(2)(iii), 13(2)(v) and 13(3)(a)(iv) respective-
    ly of the Haryana Urban (Control of Rent and Eviction) Act, 1973
H   [hereinafter referred to as the "Act"].
      LACHHMAN DASSv. SANTOKHSINGH [FAIZANUDD!N,J.]                  487

       4. The respondent-tenant contested the said eviction proceedings by A
controverting the material averments made by the appellant- landlord. The
respondent, inter-alia, pleaded that the appellant was not the only owner
and landlord of the suit premises and, therefore, he was not competent to
file the suit for his eviction. He pleaded that the arrears of rent were duly
tendered by him. He also pleaded that the house purchased by his wife B
consists of two small rooms and that since he has strained relations with
his wife, she was living separate from him. He further pleaded that he and
his married son and his children and the wife of his son are living in the
house in dispute and on these pleadings he made a prayer for the di.'missal
of the eviction suit.
                                                                           c
      5. The Rent Controller after framing the necessary issues and record-
ing the parties evidence came to the conclusion that the appellant alone
was competent to initiate eviction proceedings and since the tenant-respon-
dent has paid the arrears of rent, house tax and interest on 18.1.1983,
therefore, the ground eviction under Section 13(2)(i) of the Act became D
non-existent. As regards the second ground, the Rent Controller found that
there was no cogent and reliable evidence to prove that the respondent
had committed any act diminishing the value or the utility of the suit
premises. As regard the third and fourth grounds mentioned above, the
Rent Controller on a minute and detailed discussion of the parties'
evidence on record, took the view that the respondent-tenant had ceased E
to occupy the demised premises for a continuous period of more than four
months without any reasonable cause anc\ had in fact shifted his residence
with his wife and children in September, 1981 in House No. 351, Ward No.
7, Sadar Bazar, Karna! which he had purchased in the name of his wife
and the same is reasonably sufficient for his requirements. The Rent F
Controller, therefore, passed an order of eviction of the respondent from
the suit premises on the ground contained in Section 13(2)(v) and
13(3)(a)(iv) of the Act. The respondent-tenant challenged the said finding
in appeal under Section 15(2) of the Act before the Appellate Authority.
The Appellate Authority re-examined the entire evidence and the material G
on record and after such reassessment of evidence affirmed the conclusions
recorded by the Rent Controller and, therefore, dismissed the appeal filed
by the respondent, maintaining the order of eviction. The respondent-
tenant then preferred Civil Revision under sub-section (6) of Section 15 of
the Act before the High Court of Punjab and Haryana and the learned
Single Judge by the impugned judgment set aside the concurrent findings H
    488                   SUPREME COURT REPORTS (1995] SUPP. 1 S.C.R.

A of the two courts below by holding that it was not established that the
    respondent-tenant has acquired or is in possession of reasonably sufficient
    accommodation which renders him liable to be evicted from the demised
    premises.

B        6. Learned counsel appearing for the landlord-appellant strenuously
  urged that the learned Single Judge of the High Court committed a grave
  and serious error in interferring with the well reasoned judgment and
  findings of fact recorded by the two courts below after proper appreciation
  of evidence on record and took contrary view on extraneous facts and
  circumstances by ignoring the relevant evidence and material on record
C which has resulted into miscarriage of justice. The learned counsel for the
  appellant submitted that there is cogent and convincing evidence indicating
  that the respondent had shifted to new residential house which he had
  acquired in the name of his wife and had absolutely ceased to occupy the
  tenanted premises in question. It was urged that the learned Single Judge
D totally ignored the fact that respondent-tenant had come forward with a
  false defence that he had strained relations \vith his wife and, therefore, he
  was living separate in the demised premises with his son and his family
  while his wife was living separate from his in House No. 351, which defence
  has been found to be entirely false by the two courts below on a thorough
  marshalling of evidence on record. It was also urged that the learned Single
E Judge made out a case for respondent-tenant that his family consisted of
  about 14 persons and, therefore, the house acquired by him was not
  reasonably sufficient for the whole family which is against the evidence on
  record. After hearing the learned counsel for the parties and on perusal of
  the judgment of the High Court as well as the judgments of the two
F subordinate courts and other material on record we find that there is much
  substance in the afore- mentioned submissions made by the learned coun-
  sel for the appellant.

        7. The first question that arises for our consideration is whether the
  learned Single Judge of the High Court was justified in re-assessing the
G value of the evidence and substitute his own conclusions in respect of the
  concurrent findings of fact recorded by the two courts below, in exercise
  of his revisional powers vested in the High Court under Section 15(6) of
  the act. In the present case as discussed earlier the Rent Controller passed
  the order of eviction against the respondent on the ground mentioned
H under Section 13 of the Act against which the respondent preferred an
          LACHHMAN DASS v. SANTOKH SINGH [FAIZAN UDDIN, J.]                    489

    appeal under sub-section (2) of Section 15 of the Act and the Appellate           A
    Authority affirmed the order of eviction passed by the Rent Controller.
    Here it may be noted that the Act does not provide a second appeal against
    the order passed in appeal by the Appellate Authority under sub-section
    (2) of Section 15. The Act, however, under sub-section (6) of Section 15
    makes a provision for revision to the High Court against any order passed         B
    or proceedings taken under the Act. Thus, the Legislature has provided
    for a single appeal against the order passed by the Rent Controlling
    Authority and no further appeal has been provided under the Act. The
    Legislature has, however, made a provision for discretionary remedy of
    revision which is indicative of the fact that the Legislature bas created two
    jurisdictions different from each other in scope and content in the form of C
    an appeal and revision. That being so the two jurisdiction - one under an


-   appea/ and the other under revision cannot be said to be one and the same
    but distinct and different in the ambit and scope. Precisely stated, an
    appeal is a continuation of a suit or proceedings wherein the entire
    proceedings are again left 1gpen for consideration by the appellate D
    authorities which has the power to review the entire evidence subject, of
    course, to the prescribed statutory limitations. But in the case of revision
    whatever powers the revisional authority may have, it has no power to
    reassess and reappreciate the evidence unless the statute expressly confers
    on in that power. That limitation is implicit in the concept of revision. Jn
    this view of the matter i.e. are supported by a decision of this Court in State E
    of Kera/a v. K.M. Cha1ia Abdullah and Co., [1965] 1 SCR 601 at 604.

           8. This Court in the case of Hari Shankar v. Rao Girdhari Lal
    Chowdhury, [1962] Suppl. 1 SCR 933 = AIR (1963) SC 695 had an
    occasion to consider the question of distinction between an appeal and a
    revision and Hidayatullah, J. (as he then was) speaking for the Court             F
    observed at page 939 of the report as follows :-

-           11
             The distinction between an appeal and revision is a real one. A
            right to appeal carries with it right of re-hearing on law as well as


-           fact, unless the statute conferring the right to appeal limits the
            re-hearing in some way as we find has been done in second appeal
            arising under the Code of Civil Procedure. The power to hear a
            revision is generally given to a superior court so that it may satisfy,
                                                                                      G



            itself that a particular case has been decided according to law."

          9. In the case of State of Kera/av. K.M. ChwiaAbdullah & Co., [1965) H
    490                  SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A 1 SCR 601 this Court expressed the view that when the Legislature confers
    a right to appeal in one case and a discretionary remedy of revision in
    another, it may be deemed to have created two jurisdictions different in
    scope and content. Again in the case of Neta Ram and Others v. Jivan Lal
                                                                                  ...
    andA11othe1; AIR (1963) SC 499 Hidayatullah, J. (as he then was) speaking
B   for the Court observed that the revisional jurisdiction of the High Court
    do not include the power to reverse concurrent findings, without showing
    how those findings are erroneous.

         10. In the present case sub-section (6) of Section 15 of the Act
  confers revisional power on the High Court for the purpose of satisfying
C itself with regard to the legality or propriety of an order or proceeding
  taken under the Act and empowers the High Court to pass such order in
  relation thereto as it may deem fit. The High Court will be justified in
  interfering with the order in revision if it finds that the order of the        ....
  appellate authority suffers from a material impropriety or illegality. From
D the use of the expression "Legality or propriety of such order or proceed-
  ings" occurring in sub-section (6) of Section 15 of the Act, it appear that
  no doubt the revisional power of the High Court under the Act is wider
  than the power under Section 115 of the Code of Civil Procedure which is
  confined to jurisdiction, but it is also not so wide as to embrace within its
E fold all the attributes and characteristics of an appeal and disturb a
  concurrent finding of fact properly arrived at without recording a finding
  that such conclusions are perverse or based on no evidence or based on a
  superficial and perfunctory approach. If the High Court proceeds to inter-
  fere with such concurrent findings of fact ignoring the aforementioned well
  recognised principles, it would amount to equating the revisional powers
F of the High Court as powers of a regular appeal frustrating the fine
  distinction between an appeal and a revision. That being so unless the High
  Court comes to the conclusion that the concurrent findings recorded by
  the two courts below are wholly perverse and erroneous which manifestly
  appear to be unjust there should be no interference. -In the present case
                                                                                  -
G the two courts below have thoroughly examined and appreciated the
  parties' evidence and have recorded a definite finding, entirely based on
  the evidence on record that the respondent-tenant has ceased to occupy
                                                                                  -
  the demised premises since after September 1981 and had, in fact,
  alongwith his wife and family started living in the House No. 351, Ward
H No. 7, Karna!, having been acquired by him in the name of his wife.
            LACHHMAN DASS v. SANTOKII SINGH [FAIZAN UDDIN. J.]              491

            11. It may be noticed that the learned Single Judge has himself stated A
     in the impugned judgment that it is not a matter of dispute that both the
     accommodations i.e. the demised premises and the house acquired by the
     tenant-respondent, in the name of his wife, both have almost the same
     capacity, yet the learned Single Judge took the view that the house acquired
     by the respondent was not reasonably sufficient for his requirements. If B
     both the houses are almost of the same capacity it is difficult to accept the
     finding that the house acquired by the respondent is a reasonably not
     sufficient for his requirements. The observation of the learned Single Judge
     that the respondent's family consists of about 14 persons is neither here
     not there, as admittedly, all those 14 persons are not living at Kamal with
     the respondent and, particularly, in the demised premises or in the house C
     acquired by the respondent. The learned Single Judge has himself further
     observed in the impugned judgment that "though it is also in evidence that
     some of the sons are either posted or working outside Kamal yet it is patent
     that they keep on visiting the petitioner." Thus, the learned Single Judge
     included the occasional visitors of the respondent also to be the members D
~-
     of the family which by no stretch of imagination could be accepted to be
     a sound reasoning, to set aside the concurrent findings of fact. It is also
     not the case of respondent-tenant that 14 persons of his family are living
     with him in the house. On the contrary from the evidence it is clear that
     at the most the respondent's family consist of six members including his
     wife who have been living in the demised premises and all of them have E
     shifted in the house acquired by the respondent in the name of his wife.
     This fact is sufficiently established from the oral and documentary evidence
     on record. But surprisingly enough the learned Single Judge ignored this
     part of the evidence and disturbed concurrent findings for no good reasons,
     resulting into miscarriage of justice.                                        F

            12. In the facts and circumstances discussed above we are satisfied
•    that there were no reasons machless cogent reasons for the learned Single
     Judge to interfere with the findings of fact recorded by the two courts
     below. Consequently we set aside the impugned judgment and order of the

--   High Court and restore the orders of the two courts below with costs of G
     Rs. 1000.

     S.K.                                                      Appeal allowed.