9911796707
TMI Blog1998 (10) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... the order. She has sought for special leave to appeal against the said decision of the High Court. Leave granted. 2. When she filed a case before the Rent Controller her husband was alive. By the time her case reached the stage of evidence she became a widow, but that did not affect her claim for eviction because it was not for the use of her husband that the building is required. At present she is staying at Calcutta in a flat with her son and his family. She is doing business, along with her son, in Patents and Trade Marks. In connection with the said business they have to be in Delhi quite often. The house where she is now living in Calcutta is on the third floor of a building which she finds it very inconvenient particularly on acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id section is one of the three provisions subsumed in Chapter IIIA of the Act which was added to the rent Act as per Act 57/1988 for summary trial of certain applications. 5. Section 25B of the Act lays down special procedure for the disposal of application for eviction on the ground of bona fide requirement. Subsection (1) says that every application for recovery of possession on the ground specified in Section 14(l)(e) of the Act shall be dealt with in accordance with the procedure specified in Section 25B. Sub-section (8) says that no appeal or second appeal shall lie against an order for the recovery of possession of any premises made by the Rent Controller in accordance with the procedure specified in this section. The proviso t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fresh conclusions untrammelled by the conclusions reached in the order challenged before it. Of course, the statute which provides appeal provision can circumscribe or limit the width of such appellate powers. Revisional power on the contrary, is ordinarily a power of supervision keeping subordinate tribunals within the bounds of law. Expansion or constriction of such revisional power would depend upon how the statute has couched such power therein. In some legislations revisional jurisdiction is meant for satisfying itself as to the regularity, legality or propriety of proceedings or decisions of the subordinate court. In Sri Raj Lakshmi Dyeing Works v. Rangaswamy, AIR1980SC1253 this Court considered the scope of the words ( the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the High Court may send for the record of the case to satisfy itself that the decision is according to law. It stands to reason that if it was considered necessary that there should be a rehearing a right of appeal would be a more appropriate remedy, but the Act says that there is to be no further appeal. 9. In Malini Ayyappa Naicker v. Seth Menghraj Udhavadas, [1969]3SCR698 another three judge bench of this court was considering a similarly worded proviso in Section 75(1) of The Provincial Insolvency Act 1920. Though, learned judges did not give an exhaustive definition of the expression according to law , a catalogue of instance in which the High Court may interfere under the said proviso was given in the decision as the follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... building leased. The said clause reads thus: (e) that the premises let for residential purposes are required bona fide by the landlord for occupation as a residence for himself or for any member of his family dependent on him, if he is the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person has no other reasonably suitable residential accommodation; Explanation: For the purposes of this clause 'Premises let for residential purposes' include any premises which having been let for use as a residence are, without the consent of the landlord, used incidentally for commercial or other purposes. 13. If the landlord has another residential accommodation which is reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... must be bona fide. When a landlord asserts that he requires his building for his own occupation the Rent Controller shall not proceed on the presumption that the requirement is not bona fide. When other conditions of the clause are satisfied and when the landlord shows a prima facie case it is open to the Rent Controller to draw a presumption that the requirement of the landlord in bona fide. It is often said by courts that it is not for the tenant to dictate terms to the landlord as to how else he can adjust himself without getting possession of the tenanted premises. While deciding the question of bona fides of the requirement of the landlord it is quite unnecessary to make an endeavour as to how else the landlord could have adjusted him ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
