DHARAMWATI Vs. BHAGVAT PRASAD

JUDGEMENT

(1.) The tenant is in appeal against the judgment of the High Court directing eviction. The High Court granted time till 31st March, 1999 and an undertaking to that effect however, was filed. After filing the undertaking however the appellant herein moved this Court by the grant of Special Leave.

(2.) The suit was instituted for bonafide need and all the three courts have come to a concurrent finding that the landlord's, need is genuine and bonafide. The learned Single Judge of the High Court while dealing with the Writ Petition has been pleased to observe that the writ court's jurisdiction under Articles 226 and 227 of the Constitution in rent control matters is supervisory in nature and the court is not expected to embark upon reappraisal of evidence and substitute its own conclusion in place of the findings of appellate authority. The learned Single Judge however recorded in file that the question of interference in the matter would not arise and as such dismissed the Writ Petition.

(3.) During the course of hearing, reliance was placed on the decision of this Court in the case of M/s. Variety Emporium v. R. M. Mohammad Ibrahim Naina [1985 (1) SCC 251] wherein this Court in paragraph 6 observed as below :