(O&M;)Sunil Kumar Jain vs Vinit Garg And Anr on 16 September, 2014
"The language of Section 25 is indeed very wide. But we
must attach some significance to the circumstance that both the
expressions 'appeal' and 'revision' are employed in the statute.
Quite obviously, the expression 'revision' is meant to convey the
idea of a much narrower jurisdiction than that conveyed by the
expression 'appeal'. In fact it has to be noticed that under
Section 25 the High Court calls for and examines the record of
the appellate authority in order to satisfy itself. The dominant
idea conveyed by the incorporation of the words 'to satisfy
itself' under Section 25 appears to be that the power conferred
on the High Court under Section 25 is essentially a power of
superintendence. Therefore, despite the wide language
employed in Section 25, the High Court quite obviously should
not interfere with findings of fact merely because it does not
agree with the finding of the subordinate authority. The power
conferred on the High Court under Section 25 of the Tamil
Nadu Buildings (Lease and Rent Control) Act may not be as
narrow as the revisional power of the High Court under Section
115 of the Code of Civil Procedure but in the words of
Untwalia, J., in Dattonpant Gopalvarao Devakate v. Vithalrao
Maruthirao Janagaval; "it is not wide enough to make the High
Court a second Court of first appeal".