S.K. Dhaon, J. - (1.) THIS writ petition, at the instance of the landlord is directed against an order passed by the District Judge, Shahjahanpur, exercising provisional powers Under Section 25 of the Small Causes Court Act. The provisional court has reversed the decree of the Judge Small Causes Court decreeing the suit of the Petitioner.
(2.) THE Petitioner instituted a suit for the adjustment of the Respondents No. 2 and 3 on the ground of arrears of rent as well as sub -letting of the accommodation in the tenancy of the said Respondents. The trial court recorded a finding that tie monthly rent of the accommodation in dispute was Rs. 40/ -that despite notice of demand the Respondents No. 2 and 3 failed to pay up the arrears and, therefore, they have defaulted, It also recorded a finding that the Respondents had sub -let the accommodation in dispute, while recording its findings on the two questions, the trial court relied upon some evidence which was produced before it. The revision, at the instance of the tenants, the provisional court has, after re -appraising the evidence on record, recorded a finding that the rent of the accommodation in dispute was in fact Rs. 12/ - per month. By the same process, it came to the conclusion that the tenants did not sub -let the accommodation in dispute.
(3.) BEFORE this Court the submission made on the forefront on behalf of the landlord is that the provisional court exceeded its jurisdiction in upsetting the findings of fact recorded by the trial court on both the issues after re -appraising the evidence on record. Reliance is placed upon a decision of a Division Bench of this Court in the case of Laxmi Kishore v. Har Prasad Shukla, 1979 AWC 746 Para 10. This Court has taken the view that in the exercise of powers Under Section 25 of the Provincial 2 tall Causes Court Act the powers of a provisional court are circumscribed in the matter of re -appraisement of evidence. This Court has ruled that if a finding of the trial court is based on no evidence or on inadmissible evidence or the finding is on a pure question of law, it will be open to the provisional court to substitute its own judgment after reversing the judgment of the trial court. However, this Court has clearly ruled that if the provisional court feels that on the re -consideration of the evidence on the record, led by both the parties, it should disagree with the findings recorded by the trial court, it cannot substitute its judgment but it can remand the matter to the trial court for re -consideration of the matter.;