MAHESHWAR DAYAL Vs. SHANTI DEVI

JUDGEMENT

(1.) The order impugned before this Court is the judgment and decree dated 31.05.1989 passed by the Additional Rent Control Tribunal (ARCT) endorsing the finding of the Additional Rent Controller (ARC) dated 15.02.1986 whereby the eviction petition filed by the landlord Maheshwar Dayal (through legal representatives) seeking eviction of the tenant Shanti Devi (legal heirs of the original tenant) under Section 14 (1)(b) of the Delhi Rent Control Act (DRCA) had been dismissed. The reasoning of the ARCT was however a reasoning different from that adopted by the ARC. Both the two Courts below had dismissed the eviction petition filed by the landlord.

(2.) The aggrieved party is the landlord. He has filed this petition under Article 227 of the Constitution of India. At the outset, learned counsel for the respondent has pointed out that the right of second appeal as contained in Section 39 of the DRCA has since been abrogated and the powers of superintendence as contained under Article 227 of the Constitution are not the powers of an appellate forum; fact findings cannot be interfered with; unless and until there is a patent illegality or a manifest injustice which has been caused to one party qua the other, interference under the powers of superintendence are not called for. This legal position is undisputed.

(3.) It is in this background that this petition shall be viewed.