IMPORTANT POINT
Where orders passed by the Statutory Authority vested with power to act quasi-judicially is challenged before the High Court, the role of the Court is supervisory and corrective. In exercise of such jurisdiction the High Court in its jurisdiction under Article 226 is not expected to interfere with the final order passed by the Statutory Authority unless the order suffers from manifest error and if it is allowed to stand it would amount to perpetuation of grave injustice.

Headnote:Uttar Pradesh Urban Buildings (Regulation of Letting and Eviction) Act, 1972-Section 21(1)(a)-Constitution of India-Article 226-Eviction on ground of bona fide requirement-Scope of jurisdiction of High Court under Article 226 against order of appellate authority-Role of High Court is supervisory and corrective-High Court is not expected to interfere with final order of statutory authority unless order suffers from manifest error-Appellate Authority on basis of findings of fact set aside order of eviction-High Court upheld eviction order interfering with Appellate Authority s order-Unsustainable-High Court erred in interfering with judgment/order of Appellate Authority-Judgment and order of High Court set aside.
       The position is too well settled to admit of any controversy that the finding of fact recorded by the final Court of fact should not ordinarily be interfered with by the High Court in exercise of writ jurisdiction, unless the Court is satisfied that the finding is vitiated by manifest error of law or is patently perverse. The High Court should not interfere with a finding of fact simply because it feels persuaded to take a different view on the material on record. (Para 9)
       In the present case on perusal of the judgment of the Appellate Authority which runs to about sixty pages the Authority has discussed in great detail the case pleaded by both the parties, materials placed by them in support of their case and has disbelieved the case that the landlord bona fide required the shop in question for his son Dilip Kumar. The Appellate Authority observed that Dilip Kumar was married in 1979; the marriage was dissolved by a decree of divorce passed in July 1987 before filing of the eviction petition; therefore, the cause pleaded in the eviction petition that Dilip Kumar after his marriage felt the need to augment his income and for that purpose wanted to start his independent business, was not acceptable. The Appellate Authority further observed that the respondent landlord had himself let out his building on rent in 1987 which show that Dilip Kumar s need was not bona fide one; the necessity, if any, had ceased by the date of the eviction petition i.e. on 28.1.1988. In conclusion, the Appellate Authority recorded the finding that from the evidence produced it becomes perfectly evident that the applicant had no need for vacation of the shop room for use of Dilip Kumar and that it was correctly stated by the opposite party that this application was filed in order to enhance the rent. (Para 10)
       The question that remains to be considered is whether the High Court in exercise of writ jurisdiction was justified in setting aside the order of the Appellate Authority. The order passed by the Appellate Authority did not suffer from any serious illegality, nor can it be said to have taken a view of the matter which no reasonable person was likely to take. In that view of the matter there was no Justification for the High Court to interfere with the order in exercise of its writ jurisdiction. In a matter like the present case where orders passed by the Statutory Authority vested with power to act quasi-judicially is challenged before the High Court, the role of the Court is supervisory and corrective. In exercise of such jurisdiction the High Court is not expected to interfere with the final order passed by the Statutory Authority unless the order suffers from manifest error and if it is allowed to stand it would amount to perpetuation of grave injustice. The Court should bear in mind that it is not acting as yet another Appellate Court in the matter. We are constrained to observe that in the present case the High Court has failed to keep the salutary principles in mind while deciding the case. (Para 15)

JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. The appellants are the tenants of the shop room No. R 67 (New No. R/50) located in the Mohalla Rasoolpur, Nawab Ganj, District Barabanki, Uttar Pradesh. Sita Ram @ Nand Kishore, the respondent is the landlord of the said property. On the petition filed by the respondent on 28.1.1988 for eviction of the appellants and release of the premises under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act 13 of 1972) (hereinafter referred to as the Act ) P.A. No. 2/1988 was registered in the Court of IInd Additional Chief Judicial Magistrate/Prescribed Authority, Barabanki. The case of the respondent shortly stated was that he was in bona fide need of the shop room in question for establishing his son Dilip Kumar in business; being his father and the Karta of the family it was his duty to provide necessary facilities to his son to start independent business. The appellants entered contest, refuted the averments/allegations made by the respondent in the eviction petition. They denied that the respondent had any bona fide need for the shop room in question. According to them the respondent had a number of other premises, some of which he let out to others shortly before filing the eviction petition in 1987.

3. The prescribed authority on shifting the evidence on record accepted the case of the respondent that he was in bona fide need of the shop room in question, and allowed the prayer for release of the premises and ordered eviction of the appellants therefrom. He also ordered payment of an amount equivalent to two years rental as compensation for indemnifying the appellants for the inconvenience faced by them in shifting their business.

4. Both the parties preferred appeals against the order of the prescribed Authority; the appellants challenged the order of eviction passed against them, while the respondent assailed the order for payment of two years rental to the appellants.

5. The 5th Additional District Judge Barabanki in the judgment dated 12.5.1992 in Rent Control Appeal Nos.1/91 and 2/91 allowed the appeal No. 2/91 filed by the appellant herein and disallowed the appeal No. 1/91 filed by the respondent herein.

6. Being aggrieved by the judgment of the Appellate Authority the respondent landlord filed the petition under Article 226 of the Constitution being W.P. No. 92(R/C) of 1992 in the Allahabad High Court (Lucknow Bench). A single Judge of the Court by the judgment dated 8.12.1999 allowed the Writ Petition, and quashed the judgment/order of the Appellate Authority.

Hence this appeal by the tenants.

7. The main thrust of the arguments of the learned counsel appearing for the appellants is that it was not open to the High Court to re-open the findings of fact recorded by the Appellate Authority that the landlord has no bona fide need for the disputed shop room, in exercise of jurisdiction under Article 226. The further submission of the learned counsel is that the Appellate Authority has given cogent reasons for differing from the findings recorded by the prescribed Authority on the question of bona fide requirement of the landlord, and therefore, no interference by the High Court with the order of the Authority was warranted.

8. Per contra the learned counsel appearing for the respondent supported the judgment contending that the High Court, in the facts and circumstances of the case, was right in setting aside the judgment of the Appellate Authority and restoring the order of eviction passed by the prescribed Authority.

9. The position is too well settled to admit of any controversy that the finding of fact recorded by the final Court of fact should not ordinarily be interfered with by the High Court in exercise of writ jurisdiction, unless the Court is satisfied that the finding is vitiated by manifest error of law or is patently perverse. The High Court should not interfere with a finding of fact simply because it feels pe

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