GAUHATI HIGH COURT
S.N.Phukan, J.
Arun Chandra Sarma -Appellant
Versus
Janardan Prasad Verma -Respondent
Civil Revision No. 228 of 1982
Decided On : 23-07-1989
RENT CONTROL ACT - ASSAM URBAN AREAS RENT CONTROL ACT, 1972 - SECTION 5(C) - DEFAULT AND BONA FIDE REQUIREMENT - INTERPRETATION AND APPLICATION.
Fact of the Case:
Petitioner challenged the lower court's decision to evict him from the rented premises on grounds of default in rent payment and the landlord's bona fide requirement for reconstruction.
Finding of the Court:
The court upheld the lower court's findings that the petitioner was a defaulter and that the landlord genuinely required the premises for reconstruction.
Issues: 1. Whether the petitioner was a defaulter in rent payment. 2. Whether the landlord had a bona fide requirement for reconstruction of the premises.
Ratio Decidendi: 1. The court held that the petitioner's failure to deposit rent within the prescribed limit under the Assam Urban Areas Rent Control Act, 1972, despite the landlord's refusal to accept it, constituted default. 2. The court found that the landlord had a genuine need for reconstruction considering the condition, location, and potential for more profitable use of the premises after reconstruction.
Final Decision: The court dismissed the petition, upholding the lower court's decision to evict the petitioner.
2. The opposite party herein as landlord filed the suit for ejectment of the present petitioner on the ground of default in payment of rent and bonafide requirement of the suit premises and for reconstruction. Petitioner denied that the opposite party herein was his landlord or that he was a defaulter. He has further denied that the suit premises is required for reconstruction as alleged.
3. The learned Court below held that the petitioner was a tenant under the opposite party ; that he was a defaulter and that the house is required for reconstruction.
4. Being conscious of the limited jurisdiction of this Court in exercising revisional powers Mr. Sarma, learned counsel for the petitioner has urged that the impugned judgment is perverse as the learned lower appellate Court did not consider the evidence on record. This Court in the year 1955 in Giribala Chaudhnry vs. Ushangini Debi, AIR 1955 Assam 177 held that even when affirming the decision of the a Court below, the appellate Court which is the final Court of facts must independently weigh the evidence of parties and must do so with a clear consciousness of the relevant points which arise for adjudication and the bearing of the evidence on these points. It was further held that it is, however, no part of its duty to encumber the judgment with unnecessary details, so long as the broad facts emerging from the evidence which help the Court in forming its conclusions are found to be there.
5. The Supreme Court in Girijanandini vs. Bijendra, AIR 1967 SC 1124 held that when the appellate Court agrees with the view of trial Court on evidence it need not restate effect of evidence or reiterate reasons given by trial Court and expression of general agreement with reasons given by the Court decision of which is under appeal would ordinarily suffice.
6. So the law is well settled that the appellate Court which is the final Court of facts must weigh the evidence of the parties independently but in doing so if it agrees with the views of the trial Court on evidence it need not restate the effect of evidence or to reiterate reasons given by the trial Court and expression of general agreement with reasons given by the trial Court would ordinarily be sufficient. In the case in hand, I have perused the judgment of the learned lower appellate Court and the said judgment cannot be faulted as the learned Additional District Judge has elaborately dealt with all the points raised before him. I, therefore, reject the submission of Mr. Sarma that the impugned judgment is perverse.
7. Though the power of the revisional Court is restricted to jurisdiction only the question is whether this Court can examine the question of defaulter and bonafide requirement in a suit under Rent Law by exercising its revisional power. A Division Bench of this Court in Rankaran Agarwal vs. Radheshyam Agarwal, 1989 GHC 80 (1989 (1) GLi 135) held that a finding relating to a tenant being a defaulter or the premises being needed bonafide by a landlord1 can be interfered with by the High Court on a revision petition, if it is palpably wrong being based on surmises or conjectures, or in disregard of all relevant pieces of evidence which have not been controverted. The Apex Court in Binod Kumar Arora vs. Smti. Surajit Kaur. AIR 1987 SC 2179 held that the rule that when the rent controller and the appellate authority have rendered concurrent findings of fact, High Court is not entitled to disregard those findings and come to a different conclusion of its own would apply where the findings have been rendered with reference to facts and not on the basis of non-existent materials and b
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