IMPORTANT POINT
In Absence of question of law High Court cannot interfere under Article 226/227.

JUDGMENT :

Sudhansu Jyoti Mukhopadhaya, J.

Delay condoned.

1. Leave granted.

2. These appeals have been preferred by the appellant-landlord against the judgment and decree dated 23rd February, 2010 passed by the Single Judge of the High Court of Judicature at Bombay, Nagpur Bench in Writ Petition No.5521 of 2009 and the judgment and decree dated 1st October, 2010 passed by the Division Bench in LPA No.150 of 2010.

3. The appellant-original plaintiff is the landlord and the respondents- original defendants are the tenants with respect to suit premises which is a shop admeasuring approximately 200 sq. ft. on the ground floor in the building named "Savita Sadan" bearing New Municipal House No. 323 (2) in New Ward No.23, Mofusil Plot, Morshi Road, Amravati.

4. After notice to the tenants to vacate the suit premises on the ground of personal use, in absence of any positive response, the appellant filed Small Cause Civil Suit No.16 of 2007 in the Court of Civil Judge, Junior Division, Amravati seeking eviction of the respondents. The respondents filed their written statement denying the bonafide need of the appellant. Witnesses were examined and evidences were brought on record. Thereafter, 3rd Joint Civil Judge, Junior Division, Amravati (hereinafter referred to as, 'the Trial Court') dismissed the civil suit.

5. Aggrieved by the order of dismissal, the appellant challenged the same in Regular Civil Appeal No. 140 of 2008 in the Court of Principal District Judge, Amravati (hereinafter referred to as, 'the Appellate Court'). On hearing the parties, the Appellate Court vide judgment dated 31st October, 2009 allowed the appeal and directed the respondents to handover vacant and peaceful possession of the suit premises to the appellant. The said judgment was challenged by the respondents in Writ Petition No.5521 of 2009 and the same was allowed by the High Court by the impugned judgment dated 23rd February, 2010. The Letters Patent Appeal preferred by the appellant against the said judgment was not entertained being not maintainable by impugned judgment dated 1st October, 2010.

6. Learned counsel for the appellant submitted that the High Court under Articles 226 and 227 of the Constitution of India had no jurisdiction to sit in appeal and set aside the finding of facts arrived at by the Court below. It was not a second appeal preferred by the respondents, in fact no second appeal was maintainable against the Appellate Court's order in absence of any substantial question of law.

7. Per contra, according to learned counsel for the respondents, if there are mixed question of facts and law, the High Court can interfere with the concurrent finding of facts under Articles 226 and 227 of the Constitution of India.

8. In the present case, on the question of reasonable and bonafide need, the Trial Court answered the issue against the appellant on the ground that the appellant failed to prove his requirement of suit premises. The Appellate Court on appreciation of evidence came to a definite conclusion that the appellant is the landlord within the meaning of Section 7(5) of the Maharashtra Rent Control Act and the suit shop is reasonably and bonafidely required by the appellant for his use and occupation. The Appellate Court further held that it would cause comparative hardship to appellant than the respondents if decree of eviction is refused. In light of such observation and finding, the appeal was allowed and the respondents- tenants were ordered to vacate the suit premises.

9. The High Court by the impugned judgment held: "It is not a case of landlord stating outright that the premises of his parents are not available to him, but of the landlord, who tried to explain the use of the premises by his parents and failed to show that all the rooms available on the ground floor are used by his parents. Therefore, applying yardstick indicated by the Supreme Court in the case of Badrinarayan Vs. Govindram, namely, degree of urgency and intensity of the felt-ne