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TMI Blog1977 (6) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... . It was contested on a variety of grounds and the learned Munsif in the first instance allowed the petition. Thereafter, the tenant came in appeal before the learned District judge. This too was dismissed A revision was filed before the High Court which was C. R. P. No. 633/1970 and a learned Judge of this Court on 19-7-1971 confirmed the finding of the District Judge on the ground of bona fide and reasonable requirement of the premises by the landlord. Having confirmed that finding, however, the learned judge found that the landlord could evict the tenant only if the other condition regarding comparative hardship of his own as compared to the hardship to be incurred by the tenant was satisfied. According to the learned judge, the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aside the finding of the learned District Judge. On the question of comparative hardship, this Court further decided in favour of the landlord and thereby allowing C. R. P. No. 1086/1974, the eviction petition was granted. The present review petition is directed against that order of this Court. 3. Sri Shekara Setty, the learned counsel for the petitioner, took assistance from a decision of this Court in K. Anantharam Setty v. T. Mariappa (1966) 1 Mys LJ 649, where his Lordship held that the High Court is a Court of plenary jurisdiction and therefore it has always jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it was held that the High Court can entertain a petition for review of an order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court. With that point of view, one has to refer to the provisions contained in O. 47, R. 1 of the C. P. Code and the learned counsel for the respondents pointed out that in the present case, the petitioner neither discovered any new and important matter nor evidence which was not within the knowledge of either party nor some mistake or error apparent on the face of the record, nor any other sufficient reason, so that it could be held that there was a grave and apparent error in the judgment of the Court. Sri Sekhara Setty, the learned counsel on the other hand urged, that the contentions as to the mistake or error apparent on the face of the record, or as to the case having other sufficient reason for review are satisfied and therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties as the only ground that survived before him was of consideration of the plea covered by S. 21 (1) (h) of the Act. Therefore, the argument of the learned counsel that the plea as to proper termination of tenancy survived before the learned Judge in C. R. P. No. 633/1970 even after he made those observations, to my mind, does not hold good and cannot be sustained. Being governed by these observations of the learned Judge in C. R. P. No. 633/1970, this Court decided that the case in regard to bona fide and reasonable requirement of the landlord had become final. Sri Shekhara Setty, the learned Advocate for the petitioner, thereafter contended that the decision of the High Court being in his favour, the petitioner could not have further a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents took place, namely, that some godowns fell vacant and perhaps the bona fide and reasonable requirement of the landlord could not be established. Again, that was a question of fact which was once decided by the Court, may be wrongly. Again, that would not be a point for review of the judgment. The learned counsel then advanced another argument, that there was an apparent mistake on the face of record, in as much as, application dated 27-2-1971 was there and still the Court observed that the plea was not pressed by the petitioner and that the Court did not consider the question that the cause of action died with Basheer Ahamed to get eviction on the plea of the bona fide and reasonable requirement of the deceased. As I have stated before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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