2004 (3) TMI 748

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.... R.C. LAHOTI, J. Leave granted. Appellant is the landlord-owner of the suit premises in occupation of respondent as the tenant.  Proceedings for eviction of the respondent were initiated by the landlord on the grounds available under clauses (a) and (b) of sub-section (1) of Section 21 of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XI....

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....lant preferred an appeal which was allowed. Vide the judgment dated 17.07.1997, the learned Additional District Judge held the availability of both the grounds of eviction in favour of the appellant.  The learned ADJ entered into re-appreciation of evidence and assigned reasons to show why the findings arrived at by the Trial Court could not have been sustained.  In the shop, in occupati....

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....lternatively under Article 227 of the Constitution.  It was heard by a learned Single Judge of the High Court.  The High Court has set aside the judgment of the Appellate Court and restored that of the Trial Court.  A perusal of the judgment of the High Court shows that the High Court has clearly exceeded its jurisdiction in setting aside the judgment of the Appellate Court.  T....

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....the same material, the finding arrived at one way or the other, cannot be called a patent error.  As to the exercise of supervisory jurisdiction of the High Court under Article 227 of the Constitution also, it has been held in Surya Dev Rai (Supra) that the jurisdiction was not available to be exercised for indulging into re-appreciation or evaluation of evidence or correcting the errors in d....