So far as the statement of the appellant that he informed the Corporation that the portion was 'let' to appellant was concerned, it was observed by the first appellate Court that the appellant was not asked in cross-examination as to why he had so informed the Corporation and that, in any event, the letter dated 31.1.1974 executed by the appellant and other evidence showed that the real relationship of the appellant in respect of the room was as 'paying guest'.
7. These findings arrived at by the appellate Court are findings of fact and were not liable to be interfered with by the High Court under Article 226 of the Constitution of India. In fact, in Rusi Dinshawji Deboo v. Cawasji Rustomji Patel and Ors. MANU/SC/0804/1987 : AIR1987SC1771 , a letter in which there was an admission that the person was occupying as paying guest was held binding on the parties under the Bombay Act, 1947.
8. So far as the contention of the appellant that the respondent informed the Corporation in tax proceedings that the appellant was paying rent of Rs. 200/- P.M. , we may state that the said statement even if true stood rebutted by the appellant's letter dated 31.1.1974 admitting he was in possession as a 'paying guest'. Apart from that as pointed out by the Privy council in Venkatapathi Raju v. Venkatanarsimha Raju MANU/PR/0023/1936;
It sometimes happens that persons make statements which serve their purpose, or proceed upon ignorance of the true position; and it is their statements, but their relations with the estate, which should be taken into consideration in determining the issue
The above observations were followed and applied by Subba Rao, J. (as he then was) in Rukhmabai v. Lala Laxminarayan and Ors. MANU/SC/0186/1959 : [1960]2SCR253 .
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 7782-83 of 1997
Decided On: 19.11.1997
Surendra Kumar Jain Vs. Royce Pereira
Hon'ble Judges/Coram:
S.B. Majmudar and M. Jagannadha Rao, JJ.
Citation:AIR 1998 SC 394,(1997) 8 SCC 759
