In a recent judgment, the Delhi High Court, under its power of superintendence under Article 227 of the Constitution of India, 1949, ruled that it is mandatory upon the appellate Court to independently weigh the evidence of the parties and consider the relevant points which arise from adjudication.
The said ruling was delivered in the matter of NDMC vs. Arya Dharam Seva Sangh, CM(M) No. 37 of 2013, decided on 04.04.2018.
The question before the Hon’ble Court was whether the Additional Rent Controller had failed to appreciate the documents and the pleadings of the Petitioner and whether the term “parted with possession” has a definite connotation in law and if a mere presence of another person in place of the tenant constitute parting with possession or not.
The High Court held that the Appeal before the Additional Rent Control Tribunal was decided in a superficial and unsatisfactory manner as there is no discussion on pleadings or evidence led in the impugned judgment. It was observed that when an appeal against an order based on facts is given from a subordinate court to a superior court, the discretion vested in former is absorbed in the latter and that it is the duty of the superior Court to weigh the facts which formed the basis upon which the subordinate Court proceeded. It was further observed that for an appellate court to arrive at its own independent conclusion and to hold otherwise would deny the benefit of the appeal. The right to file first appeal is a valuable legal right of the litigant and the jurisdiction of the first appellate court which hearing the first appeal is very wide like that of Trial Court and therefore it is the duty of the first appellate court to appreciate the entire evidence and arrive at its own independent conclusions of affirmance or difference.