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TMI Blog2010 (5) TMI 797X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.3.1995 to the extent of Rs. 700/-p.m. The respondent-landlord had taken a sum of Rs. 35,000/- as loan from the appellant-tenant. Some amount therefrom was to be adjusted towards a part of monthly rent. Respondent-landlord filed suit No.30A/1999 on 1.4.1999 for eviction of the appellant on the grounds of nuisance and bone fide requirement for himself contending that he was carrying on business of plastic goods and shoes in a rented `Gumti' measuring 3 ft. x 4 ft. on a Nalla. Respondent was in need of the disputed shop for carrying on his business alongwith his son Zulfikar Ali. Parties exchanged the affidavits and examined large number of witnesses in support of their respective claims before the Trial Court. The Trial Court, vide judgment and decree dated 13.12.2002, decreed the suit for eviction under Section 12(1)(f) of M.P. Accommodation Control Act, 1961 (hereinafter referred to as the `Act 1961') on the ground of bona fide need, however, did not accept the plea of nuisance. 3. Being aggrieved, the appellant preferred the First Appeal No.2/2003 before the First Additional District Judge, Mhow and the same was allowed vide judgment and decree dated 16.10.2003 on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ust have the objective element of a "need" which can be decided only by taking all relevant circumstances into consideration so that the protection afforded to tenant is not rendered illusory or whittled down. The tenant cannot be evicted on a false plea of requirement or "feigned requirement". (See also Rahabhar Productions Pvt. Ltd. Vs. Rajendra K. Tandon AIR 1998 SC 1639; and Shiv Sarup Gupta Vs. Dr. Mahesh Chand Gupta AIR 1999 SC 2507). 10. In Malpe Vishwanath Acharya & Ors. Vs. State of Maharashtra & Anr. AIR 1998 SC 602, this Court emphasised the need for social legislations like the Rent Control Act striking a balance between rival interests so as to be just to law. "The law ought not to be unjust to one and give a disproportionate benefit or protection to another section of the society." 11. In Siddalingamma & Anr. Vs. Mamtha Shenoy AIR 2001 SC 2896, this Court held that while determining the case of eviction of the tenant, an approach either too liberal or too conservative or pedantic must be guarded against. If the landlord wishes to live with comfort in a house of his own, the law does not command or compel him to squeeze himself and dwell in lesser premises so as to p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... differently, is not a question of law or a substantial question of law and, therefore, second appeal cannot be entertained by the High Court on this ground. 16. In Kulwant Kaur & Ors. Vs. Gurdial Singh Mann (dead) by L.Rs. & Ors. AIR 2001 SC 1273, this Court held that the question whether Lower Court's finding is perverse may come within the ambit of substantial question of law. However, there must be a clear finding in the judgment of the High Court as to perversity in order to show compliance with provisions of Section 100 CPC. Thus, this Court rejected the proposition that scrutiny of evidence is totally prohibited in Second Appeal. 17. In Sheel Chand Vs. Prakash Chand, AIR 1998 SC 3063, this Court held that question of re-appreciation of evidence and framing the substantial question as to whether the findings relating to factual matrix by the court below could vitiate due to irrelevant consideration and not under law, being question of fact cannot be framed. 18. In Rajappa Hanamantha Ranoji Vs. Mahadev Channabasappa & Ors. AIR 2000 SC 2108, this Court held that it is not permissible for the High Court to decide the Second Appeal by re-appreciating the evidence as if it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of law would, however, arise when the finding is perverse in the sense that no legal evidence was brought on record or jurisdictional facts were not brought on record." 22. Similar view has been reiterated by this Court in Anathula Sudhakar Vs. P. Buchi Reddy (Dead) by LRs & Ors. AIR 2008 SC 2033. 23. In Rishi Kumar Govil Vs. Maqsoodan and Ors. [(2007) 4 SCC 465], this Court while dealing with the provisions of Section 21(1)(a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 and Rule 16 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972, held that the bona fide personal need of the landlord is a question of fact and should not be normally interfered with. 24. There is no prohibition to entertain a second appeal even on question of fact provided the Court is satisfied that the findings of the courts below were vitiated by non-consideration of relevant evidence or by showing erroneous approach to the matter. (Vide Jagdish Singh Vs. Nathu Singh, AIR 1992 SC 1604; Smt. Prativa Devi Vs. T.V. Krishnan, (1996) 5 SCC 353; Satya Gupta @Madhu Gupta Vs. Brijesh Kumar, (1998) 6 SCC 423 Ragavendra Kumar Vs. Firm Prem Machi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he was running his business on a rented premises having a very small area at an unhygienic place i.e. platform on a Nalla. No other alternative or convenient place was available to him to shift/start his business and there had been no increase in rent of the suit premises after 1995. The said findings have been disturbed by the First Appellate Court mainly on the ground that the landlord did not require the suit premises for running his business, rather it was a pretext to increase the rent as rent had been increased from time to time and the landlord did not occupy the premises after being vacated by Dr. Sharma, Dentist. These circumstances made it clear that the landlord wanted to achieve the ulterior purpose. The landlord could be the best Judge of his need but he cannot be an arbitrary dictator. There was no evidence to show that his son Zulfikar Ali was interested to come back and join his father in business. 29. The High Court reached the conclusion that the landlord, in spite of the fact that he was owner of the suit premises could not be forced to continue his business in a shop of negligible area in a `Gumti' made on platform on Nalla. Mere continuation of long tenanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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