9911796707
TMI Blog2009 (9) TMI 994X X X X Extracts X X X X X X X X Extracts X X X X ..... 21st of December, 2005. 3. In our view, the High Court was not justified in interfering with the concurrent findings of fact arrived at by the Courts below. 4. The appellant is a tenant in respect of the premises in question since 1982. In or about the year 2000, the landlady/respondent herein filed an application for eviction of the tenant/appellant under Section 10(3)(a)(i)(a) read with Section 10(2)(i) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (in short, the Act ) before the Rent Controller on the ground that the landlady/respondent bonafide required the premises in question and also the tenant/appellant was a willful defaulter in payment of rent. 5. Parties adduced evidence and finally, the Rent C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... default in payment of rent for the months of December, 1998 and January, 1999. So far as this ground was concerned, the High Court also observed that the learned counsel for the landlady/respondent, not having urged the said ground i.e. willful default in payment of rent, the findings of the two Courts below must be affirmed. So far as the case of bonafide requirement of the landlady/respondent was concerned, the High Court has, by the impugned order, set aside the concurrent findings of fact arrived at by the Courts below. 9. In our view, the High Court was not justified in the present case to interfere with the concurrent orders of the Courts below rejecting the plea of bonafide requirement of the landlady/respondent. The only groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidential premises at Hyderabad. She is aged about 70 years. Since the children of landlady are residing at Hyderabad, it cannot be said that there would be no one to look after her. Landlady is the best judge for his residential requirement. It is for the landlady to look after herself at that age. She can chose any place where she wanted to settle down for variety of reasons. 11. On a bare perusal of these findings of the High Court, it appears that PW1 has categorically admitted that he had got two houses of his own at Hyderabad and at present, the landlady/respondent is staying with her children at Hyderabad but since she has no residential house at Vijayawada and her age is about 70 years, she wants to settle herself in Vijayawa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidered this aspect of the matter and at Page 43, has dealt with the aforesaid question elaborately When the findings of fact recorded by the Courts below are supportable on the evidence on record, the revisional Court must, indeed, be reluctant to embark upon an independent re-assessment of the evidence and to supplant a conclusion of its own, so long as the evidence on record admitted of and supported the one reached by the Courts-below. With respect to the High Court, we are afraid, the exercise made by it in its revisional jurisdiction incurs the criticism that the concurrent-finding of fact of the Courts-below could not be dealt and supplanted by a different finding arrived at on an independent re-assessment of eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
