1985 Supreme(MP) 62

Gulab Gupta, J.
Mahendra Kumar Jain v. Dharamchand Jain.
C. R. No. 947 of 1984 (J); Decided on 23-1-1985.

Headnote:(1) Accommodation Control Act, 1961 (M. P.)-S. 1-constitutionality of.

       (2) Constitution of India-Art. 50-breach of directive principles-cannot invalidate a good law.

       Even if the provision is taken to be contrary to Article 50 of the Constitution, it is not sufficient to render the same unconstitutional. It is well settled that breach of directive principles by itself is not sufficient to invalidate an otherwise good law. 1980 SC 161 and AIR 1984 SC 967 relied on. [Para 4

       (3) Jurisdiction-objection should be raised-if not raised-it cannot be considered after decision of the case.

       When the applicant has submitted to the jurisdiction of the Authority without any objection he cannot be permitted to now turn back and challenge the jurisdiction particularly when the final order bas gone against him. [Para 5

       (4) Accommodation Control Act, 1961 (M. P.)-S. 23 (E)-powers of the High Court in revision -scope of.

       The power of the High Court while exercising its revisional jurisdiction has the power to look into the correctness of the finding regarding bonafied need of the landlord. This is, however, not to say that in examining the correctness of the finding, this Court would Act as a Court of appeal and re-appreciate evidence to come to its own conclusion. AIR 1963 SC 698 relied on. [Para 6

       (5) Accommodation Control Act, 1961 (M. P.)-S. 12(e) and (g)-It cannot be said that the two needs i.e. need for reconstruction and the need for bonafide requirement cannot co-exist-simply because the notice did not mention it cannot be assumed that the need is really non-existing inspite of the fact pointing otherwise. [Para 7