Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent & Eviction) Control Act Bihar Buildings (Lease Civil Procedure Code 1981:-Section 14-Eviction suit 1908-Section 100 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bihar Buildings (lease, Rent and Eviction) Control Act, 1947 (3 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control & Eviction :Bihar Buildings (lease, Rent & Eviction) Control Act, 1981:-Section 14-Eviction suit-Dismissal of-Remedy against-Held, landlord can chal-lenge it by filing appeal u/s 96 Civil Procedure Code-No Provision in the Act prescribing any remedy to the landlord-Revision u/s 14(8) of the Act against decree of eviction passed by Appellate Court-Whether maintainable-Held, No. Civil Procedure Code, 1908-Section 100-£viction suit-Bonafide Re-quirement-Finding off act-High Court, in second appeal not empowered to reappreciate evidence 0n record and interfere with finding recorded by trial CourtThe appellant, landlord of a shop which was occupied by the respondents as tenants, filed Eviction Suit u/s 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 on the ground of bonafide requirement for personal occupation. That suit was dismissed by the Trial Court. However, on appeal, the appellant got a decree for eviction against the respondents. The respondents filed a Civil Revision Petition u/S 14(8) of the. Act, which was allowed. This appeal had been filed against the judgment of the High Court. The respondent raised a preliminary objection that the appellant's appeal against the dismissal of the suit by the Trial Court was not maintainable as by virtue of the provisions contained in Sections 13 and 14(8) of the Act, the only remedy available to the appellant was an application to the High Court for revision of the order of the Trial Court.The appellant alleged that as decided by the Full Bench of the Patna High Court in Mohd. Jainul Ansari v. Khalil, (1990) 2 PLJR 378 which holds the field, if a suit for eviction ends in dismissal by the Trial Court, the remedy of the landlord is to challenge the same under Section 96 CPC as there is no provision in Section 14 or in the Act prescribing·any remedy to the landlord. |
Judge | Hon'ble Mr. Justice M. Srinivasan |
Neutral Citation | 1998 INSC 310 |
Petitioner | Ram Prasad Rajak |
Respondent | Nand Kumar And Bros. And Anr. |
SCR | [1998] Supp. (1) S.C.R. 1 |
Judgement Date | 1998-08-18 |
Case Number | 95 |
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