CIVIL APPEAL NOs. 2528-29 OF 2020
Addissery Raghavan (Appellant) vs Cheruvalath Krishnadasan (Respondent)
Justice R F Nariman, Navin Sinha and BR Gavi said that “Interfering with the finding of fact, again, without any perversity or misappreciation of evidence by Appellate Authority would clearly be outside the High Court’s authority in revisional jurisdiction.
A reference was made to Hindistan Petroleum Corporation ltd. Vs Dilbahar Singh (2014) 9 SCC 78
The Appellant Authority has reversed the order of the Rent Control Court, In Revision the High Court of Kerala set aside the Appellate Authority order and restored the eviction order passed by rent control court.
The court said that the Kerala Rent Control Act Section 11 (8) is materially different from Bombay Rent Control Act Section 13(2) as in that section it does not provides for partial eviction if comparative hardship of a landlord and tenant are to be weighted against each other.