(i) Haryana Urban (Control of Rent and Eviction) Act, 1973, S.15(6) — Revisional jurisdiction — High Court cannot convert itself into a second appellate court. Interference is warranted only when the order is perverse, unsupported by evidence or suffers from a material error — Mere...
(ii) Limitation Act, 1963, S.5, Haryana Urban (Control of Rent and Eviction) Act, 1973, S.15 — Restoration of ejectment petition and condonation of delay — It is specifically recorded that conduction proceedings was serious ill stood corroborated by evidence on record — Expression “sufficient cause”...
(iv) Haryana Urban (Control of Rent and Eviction) Act, 1973 — Appreciation of evidence — Documentary evidence relating to the zimni orders of two ejectment petitions did not by itself furnish a complete basis for rejecting the explanation for restoration — Even if one factual...
(v) Evidence Act, 1872, S.138 — Cross-examination — An adjudicating authority is not required to reproduce or separately answer every portion of cross-examination — What is required is application of mind to the material evidence bearing upon the issue. (Para 22)
(vi) Haryana Urban (Control of Rent and Eviction) Act, 1973, S.15(6) — Revisional jurisdiction — The tenant’s grievance essentially sought re-weighing of evidence and substitution of another possible view for the view taken by the Rent Controller — Such an exercise falls outside the permissible...
(viii) Haryana Urban (Control of Rent and Eviction) Act, 1973 — Review — Act contains no provision conferring substantive power of review on the Rent Controller. Such power cannot be assumed by invoking Section 114 and O.42.R.1 CPC. (Para 30)
