MEHAR ELLAHI Vs. SULTANA

JUDGEMENT

(1.) IMPUGNED judgment is dated 30.5.2009; eviction petition filed by the landlord Mehar Ellahi seeking eviction of his tenant Sultana and others from the tenanted premises i.e. the first floor of property bearing No.7565, private No.D, Ward No.14, near Bari Masjid, Panchakki, Quresh Nagar, Sadar Bazar, Delhi (as depicted in red colour in the site plan had been dismissed); this was after trial.

(2.) THIS Court is sitting in its power of revision. Unless and until a patent illegality or perversity is pointed out in the judgment of the trial court below interference by the High Court is not called for. In this context observations of the Apex Court in AIR 1999 SC 2507 Shiv Sarup Gupta Vs. Dr. Mahesh Chand Gupta, are relevant; which are noted herein as under:-

(3.) WRITTEN statement was filed disputing these submissions. It was denied that the need of the landlord was bonafide. Contention was that he has made a active concealment of material facts.