RAM LAL Vs. WASU RAM

JUDGEMENT

(1.) Respondents filed this application for ejectment of the petitioner before the Rent Controller on the ground of non-payment of rent. Tile case set up by them was that the house in dispute belonged to Ram Lal petitioner who had mortgaged it with them for Rs. 3,000 and thereafter Ram Lal took the house on rent from them on rent at the rate of Rs. 60 per month. The petition was opposed by Ram Lal who denied the execution of the mortgage deed as well as the rent note and pleaded that the same had been fabricated and brought about by fraud. The Rent Controller, after recording the evidence of the parties, upheld the plea of the petitioner and dismissed the application. On appeal, the Appellate Authority reversed the finding of the Rent Controller and allowed the petition for ejectment.

(2.) To prove the mortgage deed, the respondents examined its writer and the two attesting witnesses. To prove the rent note, one of the attesting witnesses was examined. After discussing this evidence at length, the lower Appellate Court accepted their statements and held the mortgage deed as well as the rent note proved. The finding recorded is a pure finding of fact which is not open to review in exercise of the revisional jurisdiction of this Court. Otherwise also, no legal infirmity could be pointed out in appreciation of the evidence by the lower Appellate Court which could entitle me to interfere with that finding of fact.

(3.) This petition consequently has no merit and is hereby dismissed with costs. Revision dismissed.