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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Rajesh Kumar
Shiv Shankar – Appellant
Versus
State of Jharkhand through the Chief Secretary – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer The instant intra-court appeal preferred under Clause-10 of Letters Patent, is directed against the order dated 14.08.2024 passed by the learned Single Judge of this Court in W.P.(C) No.1021 of 2024, whereby and whereunder, the order dated 09.10.2023 passed by the Commissioner, South Chhotanagpur Division has been assailed, by which, the order passed by the revisional authority has been held to be proper and the writ petition has been dismissed. Factual Matrix 2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, which read as under:
2(i). It is the case of the writ petitioner that respondent No.5 is the owner of one shop in ground floor and mezzanine floor under Shop No.13 situated at Ranchi Club Complex, Main Road, Ranchi. The writ petitioner approached the respondent No.5 for renting the shop for a showroom in name and style of ‘Satya Paul’ in the year 2010 and accordingly, the writ petitioner and respondent No.5 entered into a lease agreement dated 06.10.2010. In terms of said lease agreement, the respondent No.5 agreed to let out the shop with all fixtures on a rent of Rs.1,00,000/- (Ru
The appellate authority cannot contravene established grounds for eviction determined by the Rent Controller, especially when one ground is sufficient for eviction.
The court affirmed that non-payment of rent constitutes a breach of tenancy conditions, justifying eviction under the Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011.
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
Revisional jurisdiction under the Rent Act cannot be equated with appellate jurisdiction; it is limited to assessing legality and propriety without re-evaluating evidence.
Section 24(5) of Rent Act empowers High Court to entertain Revision Petition at any time, but “any time” is to be a reasonable time.
The court established that adherence to principles of natural justice is essential in administrative and quasi-judicial proceedings, particularly in landlord-tenant disputes, where parties must be gi....
The appellate court must provide detailed reasoning for its decisions, reflecting a conscious application of mind to all issues, while the revisional jurisdiction does not allow for a re-hearing of f....
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