When can a high court entertain a second appeal?
Facts Decision Comment In Dinesh Kumar v Yusuf Ali(1) the Supreme Court recently made an important pronouncement concerning the scope of maintainability of a second appeal before the high court. The Supreme Court was of the opinion that a second appeal under Section 100 of the Code of Civil Procedure 1908(2) is maintainable only on a substantial question of law and not on facts. However, if the high court concludes that the evidence recorded by the lower courts is perverse (ie, based on no evidence or on irrelevant material), the appeal can be entertained. Facts On October 1 1978 Dinesh Kumar was inducted as a tenant by Yusuf Ali in a shop at 83 Main Street, Mhow for a non-residential purpose for a monthly rent of Rs150. The respondent increased the rent periodically and on March 1 1995 it was increased to Rs700 per month. The respondent filed suit for eviction of the appellant on the grounds of nuisance and a bona fide requirement for himself. He contended that he needed the shop to c
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