TaxTMI 
TaxTMI 
1975 (3) TMI 130
X X X X Extracts X X X X
X X X X Extracts X X X X
....y proceed to state, with brevity, the case of the appellant presented for our scrutiny and make short shrift of it as it merits little more. The appellant, a landlord of a large building, had leased out in separate portions his building to several tenants. One of such tenants is the respondent. The former resolved to start a business in automobile spares and claimed eviction of the respondent by Rent Control proceedings, under s. 10(3) (iii) (a) and (b) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. The petition was resisted and the Rent Controller dismissed the petition. The appeal by the landlord failed but, in revision, the High Court chose to remand the case to the appellate authority. The litigation le....
X X X X Extracts X X X X
X X X X Extracts X X X X
....uel was the dismissal, not only of the civil revision, but also of the eviction petition. Thus, after a marathon forensic battle lasting over six years, the landlord lost even the flickering hope of success before the trial Court as a result of supererogatory revision to the High Court. It is against this adverse decision he has, by special leave, come to this Court. Two submissions were advanced by Sri K. S. Ramamurthy to salvage his client's case. He argued that it was illegal for the High Court to have taken cognisance of subsequent events, disastrous as they proved to be. Secondly, he urged that once the High Court held-as it did that the appellate tribunal acted illegally in remitting the whole case to the Rent Controller, it co....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the right or remedy claimed by the party just and meaningful as also legally and factually in accord with the current realities, the court can, and in many cases must, take cautious cognisance of events and developments subsequent to the institution of the proceeding provided the rules of fairness to both sides are scrupulously obeyed. On both occasions the High Court, in revision, correctly took this view. The later recovery of another accommodation by the landlord, during the pendency of the case, has as the High Court twice pointed out, a material bearing on the right to evict in view of the inhibition written into s. 10(3) (iii) itself. We are not disposed to disturb this approach in law or finding of fact. The law we have set out is....
X X X X Extracts X X X X
X X X X Extracts X X X X
....earing that the courts in this country have in numerous cases recognized that in moulding the relief to be granted in a case on appeal, the court of appeal is entitled to take into account even facts and events which have come into existence after the decree appealed against." The High Court, in this case, in the concluding stages slightly self-contradicted itself and observed : 'the civil revision petition cannot be entertained' and proceeded further to state : 'It will not be desirable that I should exercise my discretion in directing an amendment of the petition'. In conclusion, the Court did interfere in revision by setting aside the order of remittal to the Rent Controller and dismissing the eviction petition, leaving t....