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1997 Supreme(HP) 11

High Court Of Himachal Pradesh
R.L.KHURANA
VIJAY KAPOOR - Appellant
Versus
MAYA RAM - Respondent
Civil Revision Petition No. 91 of 1995
Decided On : 01/08/1997

Advocates Appeared:
For the petitioner(s):G. C. Gupta, Advocate. For the respondent(s):Bhupender Gupta, Advocate,

Headnote:H.P. URBAN RENT CONTROL ACT, 1987 - Section 14(3)(a)(i) - Eviction - Requirement of making full and complete disclosure of relevant facts - Landlord his failed to make full and fair disclosure of material facts inasmuch as he did not disclose full accommodation available with him - Eviction petition is liable to be dismissed on this short ground alone by setting, aside orders of two courts below 1992(2) RCR 323 Relied.

       H.P. URBAN RENT CONTROL ACT, 1987 - Section 14 - Bona fide Requirement - Pleaded by landlord must not only exist on date of making of petition but the same must subsist till date of making of final order of ejectment - In the meantime events have cropped up which would show that requirement of landlord no longer subsists, then action brought by landlord for eviction of his tenant must fail - On an appeal against order of eviction if filed, the appeal being continuation of original proceedings, the landlords requirement must be shown to exist even at the appellate stage - If tenant is in a position to show that need or requirement of landlord no more exists due to subsequent event, it would be open to him a point such events - Court has to examine and evaluate such subsequent events before arriving at a conclusion whether need of landlord exists or not - H.P. Urban Rent Control Act, Section 14.

       H.P. URBAN RENT CONTROL ACT, 1987 - Section 14 Bona fide requirement Subsequent events Landlord owns two buildings in the same urban area - Besides he also owns and possesses one single storey building in between above said buildings - Family of landlord- consists of himself, his wife and two unmarried son, i.e. only four members - Accommodation, admittedly available with him in no terms can be said to be insufficient Subsequent events on record show that bona fide requirement, if any, existing as on date of filing of eviction petition no longer subsists - Therefore, landlord not entitled to seek ejectment of tenant - Eviction petition filed by landlord dismissed.

JUDGMENT

R. L. Khurana, J.—The petitioner before this court is the tenant while the respondent is the landlord of the tenanted premises comprising of Western Set in the lower flat of the building known as "Sharan Ashram" Lower Kaithu Shimla. The parties are being hereinafter referred to accordingly as tenant and landlord

2. The landlord sought eviction of the tenant under section 14 of the H. P. Urban Rent Control Act from the tenanted premises on the following grounds :— (a) that the tenanted premises are required bonafide by the landlord for his own use and occupation ; and (b) that the tenant has been misusing the tenanted premises and is guilty of such acts as to diminish the value and utility of the tenanted premises.

3. The petition for eviction of the tenant was allowed by the learned Rent Controller (I), Shimla vide order dated 16-6-1977. The learned Rent Controller came to the conclusion that the tenanted premises were bonafide required by the landlord for his own use and occupation. The other ground of ejectment did not find favour with the Rent Controller. The tenant was accordingly directed to put the landlord in possession of the tenanted premises within 60 days of the order.

4. On an appeal having been carried before the learned Appellate Authority (Sessions Judge Forests), Shimla, by the tenant, the order of ejectment passed by the learned Rent Controller was affirmed vide order dated 8-3-1995. Consequently, the appeal of the tenant was dismissed.

5. Feeling aggrieved, the tenant has come up before this Court by way of the present petition under section 24 (5), H. P. Urban Rent Control Act, 1987 hereinafter referred to as the Rent Act, assailing the concurrent findings of the two courts below holding that the tenanted premises are bonafide required by the landlord for his own use and occupation.

6. At the very outset it has been contended on behalf of the landlord that this court may not interfere with the concurrent findings of fact recorded by the two courts below in exercise of its re visional jurisdiction which is not wide enough to enable this court to examine the same as an appeal. It has further been contended that reappraisal of evidence was not permissible nor concurrent findings of fact could be set aside by this court in its revisional jurisdiction. Section 24 (5) of the Rent Act, reads :— “(5). The High Court may at any time, on the application of any aggrieved party or on its own motion call for and examine the records relating to any order passed or proceedings taken under this Act for the purpose of satisfying itself as to the legality or propriety of such order or proceedings and may pass such order in relation thereto as it may deem fit."

7. In Dev Kumar v. Smt. Swaran Lata, 1996 (1) RCR 40, the apex Court had the occasion to deal with the scope of revision power of the High Court under section 15 (5), East Punjab Urban Rent Restriction Act, 1949 which provision is similar to the provision contained in section 24 (5) of the Rent Act (quoted above) It was held :- “..........The jurisdiction of the High Court under sub-section (5) of section 15 of the Act, therefore, would entitle the Court to examine the legality and propriety of a conclusion of the Appellate Authority and is thus much wider than the revisional jurisdiction under section 115 of the Code of Civil Procedure. But it has to be exercised subject to the well known limitations inherent in all revisional jurisdictions and cannot be equated with an Appellate jurisdiction. This being the position, unless there is a perversity in the matter of appreciation of evidence by the Appellate Authority or unless the Appellate Authority has arrived at a conclusion which on the materials, no reasonable man can come, the High Court will not interfere with the same.”

8. Keeping the above limitations in mind, this court has proceeded to examine the evidence in order to satisfy itself if the findings of the two courts below suffer from any illegality or impropri

























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