9911796707
TMI Blog2001 (11) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... ;the Act') by setting aside the order of eviction dated 10.01.1997 passed by the Munsif 1st, Bgusarai in Title (Eviction) Suit No. 15 of 1995. 2. The appellants-landlords field a suit for eviction of the respondents-tenants from the suit premises under Section 11(1)(c) of the Act i.e. on the ground that the suit premises was reasonably and in good faith required by the landlords for use and occupation. 3. The appellant No. 1, since deceased was the father of the appellant No. 2. The eviction suit was filed by both the above two appellants and during the pendency of the civil revision before the High Court, the appellant No. 1 died and the name of his wife was substituted. The appellant No. 2 has two daughters and the eldest daught ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -in-law and, therefore, held that the landlords did not require the suit premises reasonably and in good faith occupation of the son-in-law. The High Court also came to the finding that as the premises owned by father of the son-in-law was lying vacant and in the absence of any positive evidence that the said building was not suitable for a clinic, the order of eviction was not sustainable. 5. The main contention raised on behalf of the appellant is that by exercising powers under proviso to Sub-section (8) of Section 14 of the Act, the High Court by the impugned order reversed the finding of the Trial Court by re-appreciating the evidence on record which is not permissible under the law. 6. Section 14 is a special procedure for dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. An identical provision contain in proviso to Section 25B of the Delhi Rent Control Act, 1958 came up for consideration of this Court in Shiv Sarup Gupta v. Mahesh Chand Gupta [1999]3SCR1260 . The Court held that the exercise of revisional jurisdiction by the High Court under this proviso is for the purpose of satisfying if an order made by the Controller is according to law . The Court further held that the revisional jurisdiction exercisable under the said proviso is not so limited as is under Section 115 CPC nor so wide as that of an appellate court and the High Court cannot enter into appreciation or re-appreciation of evidence merely because it is inclined to take a different view of the facts as if it were a court of facts. The c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the father of the son-in-law of the appellant, the High court recorded a finding that the said house was lying vacant and no positive evidence was adduced to show that it was not suitable for medical practice. Relying on the evidence of the son-in-law, PW-2, The Trial Court has recorded a clear finding that the said house was away from the main road and was not suitable. It has come out from the evidence of PW-2 and one of the witnesses for the respondent-tenant that the suit premises being situated by the side of main road where there are many clinic of other doctors, is better suitable place in comparison with the house of the father of the son-in-law for starting a clinic. The High Court also did not take into consideration this find ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
