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SARAL SRIVASTAVA
Rajeev Mittal – Appellant
Versus
Sushila Devi – Respondent
JUDGMENT :
Saral Srivastava, J.
1. Heard Sri Syed Mohammad Abbas Abdy, learned counsel for the petitioner, and Sri Atul Dayal, learned Senior Counsel assisted by Sri Pawan Kumar Singh, learned counsel for the respondents.
2. The petitioner through present petition under Article 227 of the Constitution of India has assailed the judgment and decree dated 22.05.2024 passed by District Judge, Bulandshahar in SCC Revision No.96 of 2023 by which the revisional Court has decreed the suit of the plaintiffs/respondents for eviction of the petitioner/tenant.
3. The facts, in brief, are that the respondents/plaintiffs instituted a SCC Suit No.31 of 2015 for eviction of the petitioner/tenant on the ground that the petitioner/tenant is a tenant of a shop situated in Civil Lines opposite Harish Hospital, Kala Aam, Bulandshahar on the rent of Rs.3750/- per month. It is further stated that Uttar Pradesh Act No.13 of 1972 does not apply to the said shop. It is further stated that the notice dated 25.08.2015 terminating the tenancy of the petitioner/tenant under Section 106 of the Transfer of Property Act was served upon the petitioner. The petitioner gave the reply to the aforesaid notice on 10.09.2015
The revisional court can correct trial court findings based on legal misinterpretation, especially when admissions negate the need for further proof.
The Court emphasized the importance of proving a landlord's bona fide requirement for eviction and the need for tenants to provide evidence to rebut the landlord's assertions.
Point of law: When the aid of Revisional Court is invoked on the revisional side, it can interfere within the permissible parameters provided in the statute. It goes without saying that if a revision....
The court's decision emphasized the importance of evidence in supporting claims of personal necessity and highlighted the limited scope of revisional jurisdiction in re-assessing evidence.
Point of law: Eviction of tenant – Relief of arrears of rent - Court in exercise of powers under Section 25 of the Provincial Small Cause Court Act can interfere on limited grounds
The court affirmed the revisional court's findings on landlord-tenant relationships and notice validity, emphasizing statutory interpretation and jurisdictional limits under the Provincial Small Caus....
The revisional court's powers are limited, and it cannot disturb findings of fact unless they are perverse; additional evidence must be justified and not used to fill gaps.
Eviction of tenant - Unauthorized occupation of tenant - Intention and admission in pleadings indicates the creation of relationship of landlord and tenant and that the amount paid by the revisionist....
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