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DEVASHIS BARUAH
Kamala Devi W/o Lt. Nawratanmal Bhansali – Appellant
Versus
Moolchand Kucheria S/o Lt. Bherudan Kucheria – Respondent
JUDGMENT :
1. Heard Ms. D. Barman, the learned counsel appearing on behalf of the petitioners and Mr. R. C. Sancheti, the learned counsel appearing on behalf of the respondent.
2. This is an application under Section 115 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 07.01.2021 passed in Title Appeal No.06/2008 passed by the Court of the District Judge, Bongaigaon whereby the appeal was dismissed and the judgment and decree dated 18.06.2008 passed in Title Suit No.02/2008 by the Court of the Civil Judge, Bongaigaon was affirmed.
3. At this stage, it is also relevant to take note of that the First Appellate Court during the pendency of the appeal have permitted the amendment of the plaint thereby to insert the ground of defaulter taking into account that during the pendency of the appeal, there was an allegation of default in payment of the rent. Vide the impugned judgment and decree, the First Appellate Court had also given finding to the effect that the petitioners herein were the defaulters in payment of rent.
4. Before entering into the facts of the case, it would be relevant to note that the Petitioner herein have invoked the revisional jurisdiction
Sub-Clauses (a) and (b) of Section 115 of Code is in reference to exercise of jurisdiction by Court not vested in Court by law or has failed to exercise jurisdiction so vested in Court.
The court established that revisional jurisdiction under Section 115 of the CPC is confined to jurisdictional errors, and findings of fact by lower courts cannot be disturbed unless they are perverse....
Under Section 115 of Code a jurisdictional question may arise not only where Court acts solely without jurisdiction but also in a case where jurisdictional errors are committed while exercising juris....
Suit for realisation of the arrear rent for the period of the eviction proceedings would result in failure of justice as well as nullify the proposition of law that the tenant is bound to pay rent du....
Section 5 of the Act of 1972 stipulates various grounds on which the tenant can be evicted which includes the ground of bonafide requirement.
Section 5 (1) (e) of the Act of 1972 stipulates that a decree for eviction can be passed where the tenant had not paid the rent lawfully due from him in respect to the houses within a fortnight of it....
Purpose of bona fide requirement of a landlord what is required is that it must be something more than a mere desire but need not certainly be a compelling or absolute or dire necessity
It is also made clear that this Court while exercising the revisional jurisdiction is not and cannot be equated with the power of re-consideration of all question of facts as the Court of First Appea....
Proviso (e) to Section 5(1) of Act of 1972 stipulates that when tenant has not paid rent lawfully due from him in respect of house within a fortnight of its falling due would come within various grou....
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