Anant Bhikappa Patil vs Shankar Ramchandra Patil on 26 July, 1943
In support of the above submission as regards the scope of the review jurisdiction, the learned Counsel for the petitioner has relied upon a decision of this Court in the case of Anant v. Shankar, 1963 Mh.L.J. Note 35 and also a recent decision of this Court in the case of Tukaram v. Dayalnath, 1985 Mh.L.J. 37. The view taken by this Court in the above decisions in regard to the scope of review jurisdiction is that it is not open to the reviewing authority to come to its own conclusion only because the view taken by it is possible on the basis on the basis of the evidence on record in the case. It is, however, held in the later decision by the Mohta, J., that the reviewing authority can interfere not only on a question of law but also in some cases on a question of fact also. The reviewing authority could therefore, interfere if it found that the finding of the appellate authority in its original decision was perverse and was not according to law. It has, therefore, to be determined whether the order passed by the reviewing authority in the instant case is within the scope of the review jurisdiction as determined by this Court in the above cases.