Restriction on power of High Court to interfere in finding of facts under Article 226 and 227 of Constitution #indianlaws

 In the absence of mixed question of law and fact or question of law, the High Court cannot alter the finding under Articles 226 and 227 of the Constitution of India

On the issue as to Whether High Court in exercise of powers under Articles 226 and 227 of the Constitution of India has jurisdiction to sit in appeal and set aside the finding of facts arrived at by the Court below, the Court held in negative. The present was the dispute between a landlord and tenant in an eviction petition. The Court while deciding the issue observed that the High Court has no jurisdiction under Articles 226 and 227 of the Constitution to interfere with or alter a finding of fact arrived at by an Appellate Court deciding the question of personal necessity of a landlord in a landlord-tenant dispute.

High Court has jurisdiction to correct the error if apparent on the face of the record. In the present matter, claim was in the context of using the premises for personal necessity by the landlord, which was a question of fact decided by the District Judge on appreciation of evidence. In the absence of mixed question of law and fact or question of law, the High Court cannot alter the finding under Articles 226 and 227 of the Constitution of India.

[Kalpesh Hemantbhai Shah vs. Manhar Auto Stores through its Partner & Ors.]
(SC, 01.04.2014)