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1998 (10) TMI 555 - SC - Indian Laws

Issues:
1. Interpretation of Section 14(l)(e) of the Delhi Rent Control Act 1958.
2. Jurisdictional transgression by the High Court in a revisional jurisdiction case.

Issue 1: Interpretation of Section 14(l)(e) of the Delhi Rent Control Act 1958:
The case involved a widow seeking to shift from Calcutta to New Delhi to occupy her own building currently possessed by a tenant. The widow had obtained an eviction order from the Rent Controller under Section 14(l)(e) of the Act, but a Single Judge of the Delhi High Court reversed this decision. The widow's need for the premises was evaluated based on factors like her business in Patents and Trade Marks, her knee trouble, and the convenience of the location in Delhi. The Rent Controller found her requirement bona fide, but the High Court disagreed, citing her family's settled status in Calcutta and her recent move to a flat with a lift. The High Court's interference was challenged on the grounds of jurisdictional transgression, as the High Court's power was limited to ensuring the Rent Controller's order was according to law, not to re-evaluate facts.

Issue 2: Jurisdictional transgression by the High Court in a revisional jurisdiction case:
The High Court's power under Section 25B(8) of the Act is supervisory and meant to ensure the Rent Controller's order complies with the law. The High Court's role is not to re-assess facts unless the Rent Controller's findings are so unreasonable that no reasonable person would have reached them. The distinction between appellate and revisional jurisdiction was highlighted, with revisional jurisdiction focusing on supervision rather than a fresh evaluation of facts. Previous case law was referenced to emphasize the limitations of the High Court's revisional power. The High Court's re-appraisal of evidence in this case exceeded the scope of its revisional jurisdiction, resulting in a jurisdictional deficiency. The Supreme Court set aside the High Court's order and upheld the eviction order passed by the Rent Controller, directing the tenant to vacate the premises within three months.

 

 

 

 

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