Case Note & Summary
The petitioner, Smt. M. Sharada, filed two revision petitions under Section 115 of the Code of Civil Procedure, 1908, challenging a common order dated 10.02.2011 passed by the I Additional District Judge, Dakshina Kannada, Mangaluru, in Rent Revision Petition Nos.15/2010 and 16/2010. The respondent in H.R.R.P.No.50/2011 was Sri Immanuel Kariappa (since deceased, represented by his legal representatives), and in H.R.R.P.No.51/2011, the respondents were Smt. Sesu Kottary @ Sanjivi (since deceased, represented by her legal representatives) and others. The petitioner sought eviction of the tenants from the premises on the ground of bona fide requirement for demolition and reconstruction. The trial court and the first appellate court concurrently dismissed the eviction petition, holding that the landlord failed to prove her bona fide requirement. The High Court, in revision, examined whether the lower courts' findings were perverse or without jurisdiction. The court noted that the revision jurisdiction under Section 115 CPC is limited and does not permit re-appreciation of evidence. The court found that the concurrent findings of fact were based on evidence and were not shown to be perverse. Accordingly, the High Court dismissed both revision petitions, upholding the orders of the courts below.
Headnote
A) Rent Control - Bona Fide Requirement - Demolition and Reconstruction - Karnataka Rent Control Act, 1961 - Landlord sought eviction on ground of bona fide requirement for demolition and reconstruction - Courts below concurrently held that landlord failed to prove requirement - High Court in revision under Section 115 CPC declined to interfere as findings were not perverse or without jurisdiction - Held that concurrent findings of fact cannot be re-appreciated in revision (Paras 1-10).
Issue of Consideration
Whether the landlord proved her bona fide requirement for demolition and reconstruction of the tenanted premises under the Karnataka Rent Control Act?
Final Decision
Both revision petitions are dismissed. The common order dated 10.02.2011 in R.R.P.Nos.15/2010 and 16/2010 passed by the I Additional District Judge, Dakshina Kannada, Mangaluru, is confirmed.
Law Points
- Bona fide requirement
- Demolition and reconstruction
- Rent control
- Revision jurisdiction
- Section 115 CPC
- Karnataka Rent Control Act
