Case Note & Summary
The petitioners, tenants of premises consisting of two rooms on the ground floor of house 1336 (old), 1264 (new) Raviwar Peth, Pune, challenged the eviction decree passed against them. The respondents, landlords, had filed a suit for eviction on 18/3/1980 on grounds of the tenant securing alternative accommodation and default in payment of rent. The tenants resisted the suit on 24/9/1980. The trial court, after considering evidence, held that the original defendant No.1 had acquired suitable alternative residential accommodation and thus the landlords were entitled to possession; the ground of default was negatived. The appellate court confirmed the finding on alternative accommodation. No challenge was made to other grounds. The High Court, in writ jurisdiction, noted that there were concurrent findings of fact on the issue of securing alternative accommodation and no contrary material was pointed out from the record. The court held that the view taken by the courts below was correct and within the framework of law and record. Consequently, the writ petition was dismissed with no order as to costs.
Headnote
A) Rent Control - Eviction - Securing Alternative Accommodation - Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - The landlords filed a suit for eviction on the ground that the tenant had secured suitable alternative residential accommodation. The trial court and appellate court concurrently found that the tenant had acquired such accommodation. The High Court, in writ jurisdiction, declined to interfere with the concurrent findings of fact, holding that the view taken by the courts below was correct and within the framework of law and record. (Paras 1-2)
Issue of Consideration
Whether the concurrent findings of fact by the courts below regarding the tenant having secured suitable alternative accommodation warrant interference under writ jurisdiction.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Concurrent findings of fact
- Securing alternative accommodation
- Eviction of tenant
- Scope of writ jurisdiction under Article 227
Case Details
2005 LawText (BOM) (05) 196
Writ Petition No. 180 of 1992
Mr. V.S. Gokhale for the petitioners; None for the respondents
Jaswantlal Bapulal Shah (since deceased through legal heirs) and Rajnikant Bapulal Shah
Gopal Chenaji Oswal (since deceased through legal heirs), Sureshchandra Babubhai Surathwala, and Jaswantlal Bapulal Shah (since deceased through legal heirs)
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Nature of Litigation
Writ petition challenging eviction decree passed by courts below on ground of securing alternative accommodation.
Remedy Sought
Petitioners (tenants) sought to set aside the eviction order and dismissal of the suit.
Filing Reason
The landlords filed a suit for eviction on 18/3/1980 on grounds of the tenant securing alternative accommodation and default.
Previous Decisions
Trial court decreed eviction on ground of alternative accommodation; appellate court confirmed. Default ground was negatived.
Issues
Whether the concurrent findings of fact regarding acquisition of suitable alternative accommodation warrant interference under writ jurisdiction.
Submissions/Arguments
Petitioners argued that the findings of the courts below were erroneous.
Respondents supported the concurrent findings.
Ratio Decidendi
Concurrent findings of fact by courts below on the issue of securing alternative accommodation, based on evidence and within the framework of law, cannot be interfered with in writ jurisdiction under Article 227 in the absence of any perversity or contrary material on record.
Judgment Excerpts
Considering the case, as made out, in so far as, concurrent finding of facts in respect of securing the alternative accommodation and in absence of any contrary material borne out from the record and or even pointed out from the record, I am of the view, that the view taken by the Courts, are correct and within the frame work of law, as well as, the record.
Procedural History
Suit for eviction filed on 18/3/1980. Tenants resisted on 24/9/1980. Trial court decreed eviction on ground of alternative accommodation. Appellate court confirmed. Writ petition filed in 1992. Heard and dismissed on 11/7/2005.
Acts & Sections
- Bombay Rents, Hotel and Lodging House Rates Control Act, 1947:
