RAM PARKASH GUPTA Vs. WAZIR CHAND AND OTHERS

JUDGEMENT

(1.) This revision petition under section 151 of the Code of Civil Procedure is directed against the order of the Additional Sessions Judge, Jullundur, dated March 30, 1970, whereby the appeal of the petitioner was dismissed and the order of the Subordinate Judge, Third Class, Jullundur, dated April 11, 1969, dismissing the application of the plaintiff-petitioner for the grant of temporary injunction restraining the defendant-respondent from preventing the plaintiff using the staircase and restricting the defendant from building over the first floor was upheld.

(2.) The case of the petitioner is that he was tenant of shop in dispute which originally belonged to some Muslims. After the partition of the country this shop became evacuee property and the plaintiff became tenant under the Custodian. Previously the building was a double-storeyed building but it was destroyed during the riots of 1947 and the plaintiffs at their own cost rebuilt the ground floor and also raised the walls on the first floor to the height of 8 to 9 feet. The case of the plaintiffs further is that a staircase led from the shop through a door opening into the shop to the upper floor and that the plaintiffs were using the roof for storing packages etc. and also as urinals, In 1957 the shop was purchased by the respondents in an auction held by the Central Government and the plaintiffs became the tenants of the respondents with effect from 15-2-1958. The respondents wanted to evict the plaintiffs and with that end in view they started harassing the plaintiffs by obstructing them to use the staircase shown in the plan so that they could be deprived of the use of the upper floor which was their legal right as tenants. It is also stated in the plaint that the plaintiffs have constructed 8/9 feet high walls on the roof and were using part of the roof as urinal etc. and the remaining part for storing empty boxes. The plaintiffs then filed a suit for perpetual injunction for restraining the defendants from preventing the plaintiffs from using the staircase and the roof of the shop. In this suit an application for the grant of the temporary injunction was also filed. This application was dismissed by the Subordinatre Judge on the ground that from the documents brought on file, no prima facie case had been made out that the first floor of the shop was in the tenancy of the plaintiffs. It was also observed that the balance of convenience was in favour of the defendants. The appeal of the plaintiffs was also dismissed and the findings of the trial Court with regard to there being no prima facie case in favour of the plaintiffs and the balance of convenience not being in their favour were affirmed.

(3.) On the basis of the view taken in Keshardeo Chamaria v. Radha Kissen Chamaria, 1953 SCR 136 and Pandurang Dhoni Chougule v. Maruti Hari Jadhav,1966 SCR 102, it was contended on behalf of the respondents that even if the findings of the lower Court were incorrect it would be an error committed by these Courts while exercising the jurisdiction vested in them by law. It is well settled now that while exercising jurisdiction under section 115, Code of Civil Procedure, it is not open to the High Court to correct errors of fact or even of law however gross these errors may be unless the said errors have relation to the jurisdiction of the Court to try the dispute itself. While accepting these limitations on the powers of this Court under section 115 of the Code of Civil Procedure, it was contended on behalf of the petitioner that where the Courts below have omitted to consider some essential aspects of the case or have excluded out of consideration some documents produced by a party the Court acts in the exercise of its jurisdiction illegally or in any case with material irregularity within the meaning of clause (c) of section 115 of the Code of Civil Procedure. Support for this argument was sought from Rajalekshmi Amma and another v. Kunjipillai Amma and others, 1959 AIR(Ker) 277 and Vellakutty v. Karthyayani end another, 1968 AIR(Ker) 170.