As has been held by this Court, the issue of subletting can be established on the basis of legitimate inference drawn by a court. In P. John Chandy and Co. (P) Ltd. v. John P. Thomas MANU/SC/0382/2002 : (2002) 5 SCC 90, while dealing with a controversy under the rent legislation arising under the Kerala Buildings (Lease and Rent Control) Act, 1965, it has been ruled that drawing inference from the facts established is not purely a question of fact. In fact, it is always considered to be a point of law insofar as it relates to inferences to be drawn from finding of fact. We entirely agree with the aforesaid view. When inferences drawn do not clearly flow from facts and are not legally legitimate, any conclusion arrived at on that basis becomes absolutely legally fallible. Therefore, it cannot be said that the High Court has erred in exercise of its revisional jurisdiction by substituting the finding of fact which has been arrived at by the courts below. Therefore, we have no hesitation in holding that the High Court has not committed any illegality in its exercise of revisional jurisdiction under the obtaining facts and circumstances.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 4189 of 2014 (Arising out of SLP (Civil) No. 29888 of 2010)
Decided On: 28.03.2014
S.F. Engineer Vs. Metal Box India Ltd. and Anr.
Hon'ble Judges/Coram:
Anil R. Dave and Dipak Misra, JJ.
Citation: AIR 2014 SC 2189
