Case: M/s. Sri Raja Lakshmi Dyeing Works and Others Vs. Rangaswamy Chettiar

The appellant is thet of a part of the building of which the respondent is the tenant. The appellant carries on the business of dyeing while the respondent carries on business in handloom sarees. The respondent filed a petition under Section 10 of Tamil Nadu Buildings (Lease and Rent Control) Act, for the eviction of the appellant on the grounds of wilful default in payment of rent, commission of acts of nuisance, denial of title and requirement of the premised for the respondents own use and occupation in connection with a dyeing factory which he proposed to set up and expansion of the existing business. All the grounds were negatived, concurrently, by the Rent Controller and the appellate authority. On a revision petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, the High Court allowed the application for eviction on the last of the grounds, setting aside the concurrent finding of the Rent Controller and the appellate authority on that question.

Reasoning: 2, Appeal and revisional are expressions of common usage in Indian statute and the distinction between appellate jurisdiction and revisional jurisdiction is well known though not well defined. Ordinarily, appellate jurisdiction involves a rehearing, as it where, on law as well as fact and is invoked by an aggrieved person. Such jurisdiction may, however, be limited in some way as, for instance has been done in the case of second appeal under the Code of Civil Procedure, and under some Rent Acts in some States. Ordinarily, again, revisional jurisdiction is analogous to a power of superintendence and may sometimes be exercised even without its being invoked by a party. The extent of revisional jurisdiction is defined by the statute conferring such jurisdiction. The conferment of revisional jurisdiction is generally for the purpose of keeping tribunals subordinate to the revising tribunal within the bounds of their authority to make them act according law, according to the procedure established by law and according to well defined principles of justice. Revisional jurisdiction as ordinarily understood with reference to our statutes is always included in appellate jurisdiction but not vice versa. These are general observations. The question of the extent of appellate or revisional jurisdiction has to be considered in each case with reference to the language employed by the statute4. Some argument was advanced whether a finding as to the bona fide requirement of a landlord is or not a mixed question of fact and law. Reference was made to Madan Lal Puri v. Sain Das Berry ((1971) 2 SCC 535  ) and Kamla Soni v. Rup Lal Mehra (AIR 1969 NSC 186 : (1969) 2 SCWR 679) on the one hand and I. B. Sarvate v. Nemichand (1966 MPLJ 26 : 1965 Jab LJ 973 (SC) and Mattulal v. Radhe Lal (AIR 1974 SC 1596   : (1974) 2 SCC 365  ) on the other hand. We do not think it is necessary for the purposes of this case to enter into a discussion of this question. Merely to hold that a question is a mixed question of fact and law is not sufficient to warrant the exercise of revisional power. It must, however, be shown that there was a taint of such unreasonableness resulting in a miscarriage of justice. A concurrent finding, based on evidence, that the landlord did not bona fide require the premises for his own use and occupation is not in our view a finding which can be touched by the High Court exercising jurisdiction under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.