Rent Control Act: HC Cannot Interfere With Finding Of Fact In Revisional Jurisdiction Unless There Is Perversity Or Misappreciation of Evidence: SC [Read Judgment]

The Supreme Court has reiterated that the High Court, in its revisional jurisdiction conferred by Section 20 of the Kerala Building Act, cannot interfere with the finding of fact by Appellate Authority, unless there is perversity or misappreciation of evidence by it. Interfering with this finding of fact, again, without any perversity or misappreciation of evidence by the Appellate Authority would clearly be outside the High Court's ken in its revisional jurisdiction, the bench comprising Justices RF Nariman, Navin Sinha and BR Gavai said. The bench referred to following observations made by the Constitution bench in Hindustan Petroleum Corporation Ltd. v. Dilbahar Singh 9 SCC 78: We hold, as we must, that none of the above Rent Control Acts entitles the High Court to interfere with the findings of fact recorded by the first appellate court/first appellate authority because on reappreciation of the evidence, its view is different from the court/authority below. In that event, the High Court in exercise of its revisional jurisdiction under the above Rent Control Acts shall be entitled to set aside the impugned order as being not legal or proper.