Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | East Punjab Urban Rent Restriction Act 1949: c Section I 5(5) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction: East Punjab Urban Rent Restriction Act, 1949: Section 15(5)-Revisional jurisdiction of High Court-Scope of.Sections 13(3)(a) and 15(5)-Eviction petition-On ground of requirement of landlord for his own occupation-Court below passing eviction order-High Court setting it aside in the light of events taking place during pendency of proceedings in exercise of revisional jurisdiction-Justification of-Held: High Court not justified in interfering with findings of facts since such events have no effect on the bona fides and need found proved by courts below. Code of Civil Procedure, 1908: Order 7 Rule 7-Power of Court to take note of subsequent events-Power exists but exercisable subject to three conditions : (i) event must be brought promptly to notice of Court (ii) consistently with rules of procedure and affording opposite party opportunity to meet the same, and (iii) must have material bearing on right to relief. Appellant-landlord, a member of Indian Revenue Service, constructed a residential house. After retirement he lived there with his wife and later let it out partly to respondent-tenant and shifted to industrial town for his profession. Ten years later appellant-landlord filed eviction petition since he wanted the premises for his own occupation. Rent Controller passed an eviction order. Appellate Authority upheld the same. However, High Court set aside the order in light of the events which took place during pendency of proceedings. Hence the present appeal. Respondent-tenant contended that the findings arrived at by Rent Controller and Appellate Authority were vitiated and High Court was justified in interfering in the light of the event which had taken place during the pendency of the proceedings. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2002 INSC 533 |
Petitioner | Atma S. Berar |
Respondent | Mukhtiar Singh |
SCR | [2002] Supp. (5) S.C.R. 47 |
Judgement Date | 2002-12-12 |
Case Number | 2898 |
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