IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.542 OF 2009 (Arising out of S.L.P. (C) No.10238 of 2007)

S.P. Raja Shekhar and Ors.     ...Appellant(s)

Versus

M. Lalitha     ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

The eviction petition filed by the appellants on the ground of default in

payment of rent and bona fide need was dismissed by Rent Controller, Secunderabad.

On  appeal,  Additional  Chief  Judge,  City  Small  Causes  Court,  Hyderabad,  after

detailed evaluation of the evidence produced by the parties reversed the order of the

Rent Controller and granted eviction on the ground that the need of the appellants

was bona fide. When the matter was taken in revision, the High Court overturned the

finding of fact recorded by the appellate Court on the issue of bona fide need, set

aside the order of  the appellate Court  and restored the order passed by the Rent

Controller.  Hence, this appeal by special leave.

It is well settled that in exercise of revisional jurisdiction, the High Court

cannot re-appraise the evidence and substitute the finding of fact recorded by the

final court of fact unless the same is found to be perverse.  In the instant case, the

High  Court  without  appreciating  the  limitation  of  its  jurisdiction  reversed  the

judgement  of  the  appellate  court,  which,  in  our  considered  view,  was  legally

impermissible.

....2/-

- 2 -

Accordingly, the civil appeal is allowed, impugned order rendered by the

High Court is  set  aside and the order of  eviction passed by the appellate court is

restored.   The  respondent  is  granted  time till  31st December,  2009,  to  vacate  the

premises in question upon filing usual undertaking in this Court within four weeks

from today.

It is directed that in case the respondent fails  to vacate the premises in

question within the aforesaid time, it would be open to the decree holder to file an

execution petition for delivery of possession and in case such a petition has already

been filed, an application shall be filed therein to the effect that the respondent has

not vacated the premises in question within the time granted by this Court.  In either

eventuality, the Executing Court is not required to issue any notice to the respondent.

The Executing Court will see that delivery of possession is effected within a period of

fifteen  days  from  the  date  of  filing  of  the  execution  petition  or  the  application

aforementioned.  In case for delivery of possession any armed force is necessary, the

same shall be deputed by the Superintendent of Police within forty eight hours from

the date requisition is received therefor.  It is also directed that in case anybody else,

other than the respondent, is found in possession, he shall also be dispossessed from

the premises in question.   

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, January 30, 2009.