D SANKARANARAYANAN Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This is an appeal by special leave by the landlord of premises situated at Door No. 29, Car Street, Ambasamvdram, Tamil Nadu. The appellant is a doctor and conducts a clinic on the ground floor of the building on the first floor of which the respondent is a tenant. The landlord called upon the tenant to vacate the first floor as he wanted the additional accommodation for the purposes of expanding his clinic. The petition in this behalf was filed under the provisions of Section 10 (3 (c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The eviction petition was dismissed. The landlord thereupon filed an appeal which, upon consideration of the facts on the record, was allowed. The tenant thereupon filed a revision petition before the High court at Madras and the revision petition was allowed, where against this appeal is filed.

(2.) We have heard learned counsel for the parties and read the judgment under appeal and other relevant papers. We are of the view that learned counsel for the appellant is right when he contends that the revision petition was treated by the High court as if it were a second appeal and, upon a reassessment of the evidence, the findings of facts of the first appellate court were reversed. This, in our view, was impermissible in a revision petition. This appeal, therefore, succeeds and is allowed. The judgment and order under appeal is set aside and judgment and appeal of the first appellate court is restored.

(3.) Upon the application of learned counsel for the tenant and with the consent of learned counsel for the landlord, we direct that the tenant shall not be evicted from the premises on or before 1/9/1995 upon its filing the usual undertaking within six weeks.