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1982 Supreme(SC) 201

A.V.VARADARAJAN, V.D.TULZAPURKAR
Labhkuwar Bhagwani Shaha – Appellant
Versus
Janardhan Mahadeo Kalan – Respondent


JUDGMENT :- The short question involved in this appeal is whether the High Court was justified in interfering with the findings of fact recorded by the two courts below in exercise of its jurisdiction under Art. 227 of the Constitution?

2. The appellants-landlords filed an ejectment suit against defendant No. 1 (the tenant) and defendant No. 2 (allegedly unlawful sub-tenant) seeking possession of the suit godown on two grounds (i) that the suit godown was required bona fide for their own occupation and (ii) that the defendant No. 1 had unlawfully sublet the premises to defendant No. 2. The defendants resisted the suit contending that the landlords need was not bona fide and that defendant No. 2 had been let in possession of the suit godown as a sub-tenant in March 1959 and as such was protected under Ordinance No. III of 1959. The trial Court decreed the suit upholding both the grounds put forward by the landlords. The matter was carried in appeal by defendant No. 2 alone and in appeal the finding with regard to bona fide requirement was reversed but the finding of unlawful subletting was confirmed and the decree for eviction was upheld. The appellate Court, agreeing with the trial








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