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1990 Supreme(SC) 367

K.JAGANNATHA SHETTY, R.M.SAHAI
Rajender Kumar – Appellant
Versus
Jamna Das Kotewala – Respondent


Judgment

R.M. SAHAI, J.- The only question of law that arises for consideration in this appeal, directed against order of Rajasthan High Court in proceedings arising out of Rajasthan Premises (Control of Rent and Eviction) Act, is if the High Court in exercise of its jurisdiction as a second appellate court was justified in interfering with concurrent findings of fact of the two courts below that the need of the landlord was not bona fide and the order of eviction would result in greater hardship to the tenant.

2. Basis for eviction was the need of the landlord, to shift his electrical shop from rented premises to his own, mainly, for two reasons, one, that he was paying more rent and other that the shop was more suitable as principal Phillips dealer of electric goods were in that locality. Both were negatived by the trial court and appellate court as landlord was a wealthy businessman owning number of shops and the difference in rent could not affect him. Further he was not under threat of eviction. And the market where he was carrying on business had number of shops of electrical goods from where landlord returned highest turnover in the whole of Rajasthan in some years. It was al










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