P S PAREED KAKA Vs. SHAFEE AHMED SAHEB

JUDGEMENT

(1.) The matter arises under the Karnataka Rent Control Act, 1961. The unsuccessful tenants are the appellants in these appeals. The respondent/landlord filed rent control petitions before the Court of Small Causes against the appellants, inter alia, under the provisions of Section 21(h) and (j) of the Karnataka Rent Control Act. The Court of Small Causes dismissed the petitions. The landlord filed revision petitions, inter alia, challenging the order of the Court of Small Causes. On 19-11-1998, the High Court allowed all the revision petitions by a common judgment and directed that the tenants shall vacate and deliver the premises under their respective occupation to the landlord. Aggrieved by the impugned judgment of the High Court, the tenants have approached this Court seeking special leave to appeal.

(2.) We heard Mr. P. B. Menon, learned senior counsel for the appellants and Mr. Shakil Ahmed Syed, learned counsel for the respondent. Mr. Menon submitted five submissions in support of his contention. They are :

(3.) Learned counsel for the respondent took us through the pleadings and the order and judgment passed by the Rent Controller and also by the High Court. According to him, the High Court has jurisdiction under Section 50 to interfere with the findings of fact and that the High Court is justified in interfering with the trial Courts finding based on abundant materials. He would also submit that other findings rendered by the High Court in ordering eviction are unassailable and supported by cogent and convincing reasons. He would pray for the dismissal of the special leave petition. As already noticed, the eviction petition was filed under Section 21(h) and (j) which reads thus :-