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TMI Blog2002 (9) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent had sublet the premises to other parties. The trial court decreed the suit on this ground. The revision filed by the 4th respondent was dismissed. The respondent then filed a writ petition under Article 226 of the Constitution. 3. At this stage, the limits of jurisdiction of the High Court in issuing a writ of certiorari under Article 226 of the Constitution needs to be kept in mind. It has been held by a constitution bench of this Court in the case of Syed Yakoob v. K.S. Radhakrishnan and Ors., [1964]5SCR64 as follows: "The question about the limits of the jurisdiction of High Courts in issuing a writ of certiorari under Article 226 has been frequently considered by this Court and the true legal position in that behalf is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Similarly if a finding of fact is based on no evidence, that would be regarded as an error of law which can be corrected by a writ of certiorari. In dealing with this category of cases, however, we must always bear in mind that a finding of fact recorded by the tribunal cannot be challenged in proceedings for a writ of certiorari on the ground that the relevant and material evidence adduced before the tribunal was insufficient or inadequate to sustain the impugned finding. The adequacy or insufficiency of evidence led on a point and the inference of fact to be drawn from the said finding are within the exclusive jurisdiction of the tribunal, and the said points cannot be agitated before a writ court. It is within these limits that the jur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26 of the Constitution of India by purporting to re-appreciate the evidence and coming to its own conclusion. The High Court has nowhere stated or concluded that the lower courts had committed an error of jurisdiction or that they had acted illegally and improperly. Further the High Court failed to notice that a case of casual licence was not pleaded or proved by respondent No. 4. Therefore, it was not open to the High Court to make out a new case on behalf of the party in its writ jurisdiction under Article 226 of the Constitution. 6. In our view, the impugned judgment cannot be sustained and is hereby set aside. The decrees passed by the trial court and the revisional court are restored. 7. The appeal is, accordingly, allowed. There sha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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