M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants herein are the landlords (hereinafter referred to as 'the landlord'). The landlord filed a petition before the Rent Controller under Sections 10 (2) (ii) (a) , 10 (2) (vii) and 10 (3) (a) (i) of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as 'the Act') for eviction of the respondents-tenants from the premises. The respondents-tenants contested the said petition denying the alleged requirements of the landlord for the premises as bona fide. The Rent Controller allowed the petition filed by the landlord and ordered eviction of the tenants. The appeals preferred by the tenants were also rejected by the Appellate Authority. However, the High Court in the revision petitions filed by the tenants set aside the orders of the two Courts below and allowed the revisions. The High Court was of the view that the landlord having not set out his need much less bona fide need for the premises in the petition, no order for eviction could have been passed against the tenants. It is against the said judgment of the High Court the landlord is in appeal before us.

(2.) Challenge to the order under appeal is laid on twin grounds. The first ground is that the element of need for the premises is implicit when a landlord desires to live separately from his father and the view taken by the High Court that the mere desire to live separately is not sufficient to constitute need for the premises, is erroneous. The second ground is that it is not permissible for the High Court in exercise of its revisional jurisdiction under Section 25 of the Act to interfere with the concurrent finding of fact arrived at by the two Courts below. According to the learned Counsel, the High Court while upsetting the judgments of the two Courts below has transgressed its powers conferred on it by Section 25 of the Act.

(3.) In order to appreciate the arguments of learned Counsel, it is relevant to set out the relevant provisions under which the landlord filed petition for eviction of the tenants. Section 10 (3) (a) (i) and (e) of the Act read as under :