Summary
The High Court in Small Causes revision replaced a supported finding ofRs1,500 monthly rent with the tenant’sRs250 figure. The Supreme Court held that it exceeded revisional limits and ignored material reasons. It also rejected waiver and limitation objections to the later formal eviction prayer, restoring the eviction and rent decree.
Issues
- Whether the High Court could reverse the factual rent finding under section25 without identifying a permissible revisional ground.
- Whether omission of an initial formal eviction prayer waived eviction or made its later amendment time-barred.
Provisions considered
- Section25, Provincial Small Cause Courts Act, 1887Revision ensures the decree accords with law; it does not permit ordinary appellate reassessment of a supported factual finding. (¶ 12–15)
Held
- Section25 is wider than section115CPC but does not authorize replacement of a pure evidentiary finding merely because another view is possible. Interference may follow perversity, absence of material, reliance on inadmissible evidence or failure to consider relevant evidence. (¶ 13–15)
- The trial court relied on the municipal evaluation list and the tenant’s failure to produce a rent-acknowledgment diary. The High Court ignored both and identified no permissible ground for disturbing the rent finding. (¶¶ 9–11, 15)
- The notice terminated tenancy and contemplated eviction, and the original plaint alleged failure to surrender possession. No waiver followed from initially omitting a formal eviction prayer; its amendment in the existing suit was not barred in these circumstances. (¶ 16–20)
Result
Appeal allowed; High Court judgment set aside and Small Causes Court decree for eviction, rent and damages restored. Parties to bear their own costs.