IMPORTANT POINTS
Plea not raised either before prescribed authority or first appellate court cannot be raised before High Court for the first time.
A question of fact required to be proved by adducing evidence, but neither pleaded nor decided by the courts below, cannot be decided by the High Court raised for the first time before it.
Concurrent findings of trial court and first appellate court is binding on the High Court exercising jurisdiction under Article 227.

JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. These appeals are filed against the final judgment and order dated 03.08.2016 passed by the High Court of Judicature at Allahabad in Writ Appeal No.32311 of 2014 and the order dated 24.03.2017 in Civil Misc. Review Application No. 275082 of 2016 in Writ Appeal No. 32311 of 2014.

3. A few relevant facts need mention hereinbelow to appreciate the short controversy involved in these appeals.

4. The appellants are the applicants and the respondent is the opposite party in the application filed by the appellants herein under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as ‘The Act, 1972”) before the Prescribed Authority, Allahabad.

5. The appellants are the owners and the landlord of the House No. 18/15, Hastings Road (1/5 Nyay Marg), Tandon Quarters, Allahabad (hereinafter referred to as “suit house”). They have let out the suit house to the respondent as their tenant on monthly rent.

6. The appellants filed an application (P.A. No.20/2011) before the Prescribed Authority under Section 21(1)(a) of the Act, 1972 against the respondent (tenant) seeking his eviction from the suit house. The eviction was sought on the ground of the appellants’ bona fide need for doing and continuing with their business operations in the suit house. The appellants alleged inter alia that presently they are carrying on their business operations in a tenanted premises, which is hardly 50-60 mtr. away from the suit house. The appellants alleged that they have no other suitable accommodation of their own in the city where they can do their business and hence the application in question seeking release of the suit house for their personal bona fide need.

7. The respondent filed his reply. The respondent, however, admitted that the appellants are carrying on their business operations in the place pointed out by them but, according to him, they were not paying any rent for use and occupation of the said place to its owners because the owners of the said house were in relation with them. The respondent then pointed out that the appellants also have their own one shop in the city, which is still lying vacant and, therefore, the appellants can accomplish their need by using the said shop.

8. The Prescribed Authority, by order dated 10.01.2013, allowed the application. It was held that, there exists a relationship of the landlord and tenant between the parties in relation to the suit house; the appellants’ need for carrying on their business operation is bona fide; and the appellants do require the suit house to carry on their business in the suit house. It was also held that the place pointed out by the respondent where the appellants could carry on their business operation was not sufficient and, therefore, the respondent was liable to be evicted from the suit house to enable the appellants to do and carry on their business operations in the suit house.

9. The respondent felt aggrieved by the said order and filed appeal (Rent Control Appeal No.52/2013) before the District Judge, Allahabad. By order dated 30.05.2014, the District Judge dismissed the appeal and affirmed the order of the Prescribed Authority.

10. The respondent felt aggrieved by the said order and carried the matter to the High Court under Article 227 of the Constitution of India. By impugned order, the Single Judge of High Court allowed the writ appeal and set aside the orders of the Appellate Court and Prescribed Authority and dismissed the appellants’ application filed under Section 21 (1)(a) of the Act, 1972.

11. The High Court allowed the writ appeal mainly on the ground that the application filed by the appellants under Section 21(1)(a) of the Act, 1972 was not maintainable. The High Court held that the pleadings of the parties indicate that the tenancy in question was essentially for residential purpose because out of four rooms, the respondent was using three rooms for