R.C.LAHOTI, V.N.KHARE
Shiv Sarup Gupta – Appellant
Versus
Mahesh Chand Gupta – Respondent
Key Points: - The High Court's revisional power under Section 25-B(8) is not as narrow as Section 115 CPC nor as broad as an Appellate Court; it allows re-appraisal of evidence to determine if the Rent Controller’s conclusion is wholly unreasonable or not according to law. (!) - Bona fide need under Section 14(1)(e) requires a genuine, real, honest, and practical need; mere desire is insufficient; the judge must assess the landlord’s true need and consider whether the evidence supports a sincere intention to occupy for residence. (!) (!) - Availability of alternate accommodation can affect bona fides: if reasonably suitable accommodation exists and the landlord unreasonably refuses to occupy it, the bona fides may be cast into doubt; the court may consider whether the alternative is reasonably suitable in comparison to the suit accommodation. (!) - The court should evaluate total circumstances including family size, convenience, safety, profession, and lifestyle of the landlord and family when assessing need. (!) - The landlord is not required to surrender comfort to protect tenant occupancy; if the landlord needs to live in a larger/better premises, the law does not compel him to remain in lesser premises. (!) - The availability or attribution of ownership to alternative properties (e.g., through wills) may be considered but must be adequately proven and relevant to determine actual availability for occupying the landlord’s need. (!) (!) - The decision of the High Court reversing a Rent Controller order can be upheld if the material supports a finding of bona fide need and the order is not "not according to law." (!)
Judgment
R.C. Lahoti, J.-The appellant, a tenant in a residential accommodation has sought for special leave to appeal feeling aggrieved by an order of the High Court of Delhi which has in exercise of jurisdiction conferred by Section 25-B(8) of Delhi Rent Control Act, 1958 allowed a civil revision and directed the appellant to be ejected from the suit accommodation reversing an order of Additional Rent Controller, Delhi dismissing the landlord’s application for recovery of possession of the suit premises on the ground specified in clause (e) of the proviso to sub-section (1) of Section 14 of Delhi Rent Control Act, 1958 (hereinafter the Act, for short).
Leave granted.
2. The suit premises are situated at D-219, Defence Colony, New Delhi. The building has two floors and a Barsati. The accommodation in each of the two floors consists of two bathrooms, two bedrooms, a study room, a glazed verandah, a drawing-cum-dining room and a kitchen. There is a garage on the ground floor and a servant room on the Barsati floor. The landlord is occupying the ground floor. In July, 1978 the first floor and the Barsati were let out by the landlord to the tenant-appellant for residential purpose
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