Case Note & Summary
The dispute arose from an eviction petition filed by the respondent-landlord under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, against the appellants-tenants, who were successors-in-interest of the original tenant. The property was a small shop in Hyderabad. The landlord sought eviction on three grounds: non-payment of rent, denial of landlord's title not being bona fide, and landlord's own business use. The Rent Controller allowed the eviction, directing vacation within three months. The Appellate Authority dismissed the appeal, and the High Court dismissed the revision petition, leading to the Supreme Court appeal by special leave. The appellants challenged the concurrent findings, while the respondent defended them. The Supreme Court analyzed the scope of appeal under Article 136 of the Constitution, emphasizing that interference with concurrent findings is limited to cases of perversity. The court examined the facts, noting the admitted original ownership and tenancy, but divergence on subsequent events: the respondent claimed purchase via a registered sale deed in 1985, while the appellants claimed purchase by their predecessor in 1985 with a loan arrangement. The appellants denied the respondent's title and claimed ownership. The court found no perversity in the lower courts' findings, which upheld the eviction on all grounds. The appeal was dismissed, upholding the eviction order.
Headnote
A) Civil Procedure - Appeals - Scope of Article 136 - Concurrent Findings - Supreme Court of India - Article 136 of the Constitution of India - The Supreme Court reiterated that in appeals by special leave against concurrent findings, re-appreciation of evidence is not the normal rule and power is sparingly exercised only where findings are perverse, i.e., founded on no evidence, against weight of evidence, or based on irrelevant material. Held that no such perversity was established in the present case, warranting interference. (Paras 10-12) B) Rent Control Law - Eviction Grounds - Denial of Landlord's Title - Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 10(2)(vi) - The respondent-landlord sought eviction on grounds including tenant's denial of title not being bona fide under Section 10(2)(vi). The appellants-tenants not only denied the respondent's title but also claimed ownership, contending the property was purchased by their predecessor. The courts below found the denial not bona fide, supporting eviction. Held that the concurrent findings on this ground did not warrant interference. (Paras 2, 6, 14) C) Rent Control Law - Eviction Grounds - Landlord's Own Business Use - Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 10(3)(a) - The respondent-landlord sought eviction for his own business use under Section 10(3)(a), stating he is unemployed and requires the property for running his business. This ground was considered by the Rent Controller and upheld in concurrent findings. Held that the eviction order on this ground was justified. (Paras 2, 5) D) Rent Control Law - Eviction Grounds - Non-payment of Rent - Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 10(2)(i) - The respondent-landlord sought eviction on grounds of non-payment/default in payment of rent under Section 10(2)(i), alleging failure to pay rent from May 2006 to April 2008. The Rent Controller allowed the eviction petition on this ground, and it was upheld in concurrent findings. Held that the finding on non-payment of rent was not perverse. (Paras 2, 5)
Issue of Consideration
Whether the concurrent findings of the Rent Controller, Appellate Authority, and High Court warrant interference under Article 136 of the Constitution of India, and whether the eviction grounds under Sections 10(2)(i), 10(2)(vi), and 10(3)(a) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 are satisfied.
Final Decision
The Supreme Court dismissed the appeal, upholding the concurrent findings of the lower courts and the eviction order.
Law Points
- Scope of appeal under Article 136 of the Constitution of India against concurrent findings
- perverse findings
- eviction grounds under Andhra Pradesh Buildings (Lease
- Rent and Eviction) Control Act
- 1960
- denial of landlord's title
- landlord's own business use
- non-payment of rent
