RAJANI MANOHAR KUNTHA Vs. PARSHURAM CHUNILAL KANOJIYA

JUDGEMENT

(1.) Leave granted.

(2.) In a suit seeking eviction of a non-residential accommodation known as No.4 situated on plot of land bearing CTS No. 425, 12th Lane, Kamathipura, Nagpada, Mumbai filed by the plaintiff for the need of his daughter-in-law decreed by the Trial Court and the First Appellate Court, which was set aside in exercise of revisional jurisdiction of the High Court by the impugned judgment, hence the landlord came in appeal.

(3.) After hearing learned counsel for the parties at length, it appears that the High Court while reversing the findings concurrently recorded by two courts proving need of the plaintiff's daughter-in-law was bona fide went to the microscopic scrutiny of the pleadings and the evidence and reversed in revisional jurisdiction. In our view, such scrutiny in exercise of revisional jurisdiction is not permitted until the jurisdiction as exercised by the two courts concurrently is ex facie without authority which is not a case herein.