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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Birendra Prasad Badoni – Appellant
Versus
Atul Bhatt – Respondent
JUDGMENT :
Ashish Naithani, J.
The present writ petition under Article 227 of the Constitution of India has been filed by the Petitioner, an octogenarian landlord aged about 88 years, assailing the judgment and order dated 30.11.2021 passed by the learned District Judge, Pauri Garhwal in Rent Appeal No. 01 of 2019, “Atul Bhatt and Others vs. Birendra Prasad Badoni”, whereby the Appellate Court set aside the order dated 03.12.2018 passed by the Prescribed Authority and rejected the release application filed by the Petitioner under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
2. The Petitioner seeks restoration of the order of the Prescribed Authority, contending that the appellate court exceeded its jurisdiction, re- appreciated evidence in a manner impermissible in rent control proceedings, and substituted its own subjective view in place of well- reasoned findings on bona fide need and comparative hardship.
3. The Petitioner is the landlord of a residential house situated at Ward No. 4, Upper Bazar, Pauri Garhwal, recorded as House No. 177 (New No. 196) in the municipal records. The property is ancestral in nature and has been in t
Appellate court cannot re-appreciate evidence or substitute its view in rent release proceedings unless Prescribed Authority's findings perverse; supervisory jurisdiction under Art.227 corrects juris....
High Court under Article 227 set aside appellate reversal of rent control eviction order, holding it perverse for reappreciating evidence on landlord's bona fide ground floor shop need post-retiremen....
Appellate court in rent release proceedings may re-appreciate evidence as final fact-finder; supervisory jurisdiction under Article 227 permits no interference absent perversity, jurisdictional error....
The bona fide need of a landlord to evict tenants for an adult family member's independent business cannot be denied based solely on tenant longevity; evidence of genuine necessity must be considered....
Under Article 227, supervisory jurisdiction limits interference with concurrent findings on bona fide need and comparative hardship unless perverse or jurisdictional error; landlord best judge of sui....
The court affirmed that the tenant's failure to contest the landlord's bona fide need led to an adverse inference, emphasizing the limited scope of judicial review under Article 227.
The appellate authority exceeded its jurisdiction by deciding issues without remitting to the Prescribed Authority, violating procedural fairness in landlord-tenant disputes.
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