Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 115---High Court's power in revision---Courts below allegedly overlooking record and misapplying legal principles in their decisions---High Court allowing entire record of suit to be read out for its examination on merits---Petitioner's grouse for remand was not justified for High Court was competent to re-examine material/record afresh for making appropriate order in the case. (b) Landlord and tenant- ----Ejectment of tenant for non-payment of rent---Tenant's plea that he had been paying rent to that person in whose favour landlord had executed agreement to sell---Effect---Landlord although had executed agreement to sell in favour of a third person, yet he had not authorised tenant in writing for payment of rent in future. to that person---Landlord had received just an unsubstantial amount from third party and had not parted possession of property or his right to recover rent from tenant---Landlord had in fact served a notice upon tenant terminating his tenancy and for vacation of premises by him---Tenant in order to save his possession had taken shelter under the person in whose favour agreement to sell had been executed and who was in litigation with landlord in Courts---No convincing and reliable evidence was on record to support attornment of tenant in favour of alleged vendee under the direction of landlord---Unilateral change of direction by tenant was not warranted for defeating his clear liability towards landlord to whom he had been paying rent earlier---Relationship of landlord and tenant existed between the parties and tenant having failed to pay rent to his landlord had been rightly ordered to be ejected from premises in question. (c) Landlord and tenant--- ---- Payment of rent not made to admitted landlord under whom tenant was holding tenancy of premises in question but to a person who was in litigation with the landlord over ownership of tenanted premises---Tenant was liable to pay rent to landlord and even favourable decision in suit for specific performance in favour of third party would have no bearing on the result of ejectment suit---Judgments of Courts below ejecting tenant from premises for…

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