Case Note & Summary
The dispute involved a civil revision application filed by original defendants-tenants against a decree of eviction passed by the appellate court under the Bombay Rent Act. The landlords had initially filed a suit seeking possession of the premises, claiming a reasonable and bona fide requirement for personal use, which was dismissed by the trial court. The landlords appealed under section 29(1) of the Bombay Rent Act, and the appellate court reversed the trial court's decision, granting eviction. The tenants subsequently filed a revision application under section 29(2) of the Act, challenging the appellate court's findings. The court considered the submissions of both parties and referenced the Supreme Court decision in Helper Girdharbhai, emphasizing that mere alternative views on evidence do not justify interference with factual findings unless they are patently opposed to the evidence. The court found the tenants' request for time to vacate reasonable and granted them until 18th July 1998, contingent upon filing an undertaking. The revision was disposed of with no order as to costs, and the interim stay was vacated.
Headnote
A) Rent Control - Eviction - Grounds for Eviction - Bombay Rent Act, 1947, Section 29(1) - Landlords sought eviction on the grounds of personal requirement, but the trial court dismissed the suit. The appellate court allowed the appeal, leading to a revision application by the tenants, which the court found did not warrant interference as the findings were not patently opposed to evidence (Paras 1-4). B) Eviction - Time to Vacate - Reasonable Time Granted - The court granted tenants time until 18th July 1998 to vacate the premises, considering the request reasonable and unopposed by the landlords (Paras 5-6).
Issue of Consideration
Whether the appellate court's findings of fact warrant interference under section 29(2) of the Bombay Rent Act.
Final Decision
The court disposed of the revision application, granting tenants until 18th July 1998 to vacate the premises, subject to filing an undertaking.
Law Points
- Eviction
- Rent Control
- Reasonable Requirement
- Findings of Fact
- Supreme Court Precedent
