R T NARODE Vs. I A MALONE

JUDGEMENT

(1.) NONE appears for the petitioner. With the help of Shri Dani, learned counsel for the respondent, I have gone through the record of the case.

(2.) THIS is a petition filed by the tenant under Article 227 of the Constitution of India, challenging the judgment dated 23.4.1982 passed by the IV Extra Assistant Judge, Pune, in Civil Appeal No: 412/1980, allowing the said appeal and setting aside the judgment passed by the Small Causes Judge, Pune, dated 5.6.1980, in Civil Suit no. 549/1977, dismissing the suit filed by the respondent.

(3.) IT is clear from he perusal of the judgment of the Appellate Court that the judgment is based on appreciation of the documentary and the oral evidence on record. Therefore, the finding recorded by the Appellate Court is a finding of fact which is based on the material on record. In a petition under Article 227 of the Constitution of India, a finding of fact recorded by a subordinate court is not to be disturbed unless the finding suffers from either violation of the principles of natural justice or from jurisdictional error or there is a manifest or apparent error of law. I do not find any such thing in this case. The finding recorded by the Appellate Court is based on appreciation of the material on record. Therefore, there is no room to interfere with that finding.