(1.) THE tenant is in revision. He challenges the orders of eviction concurrently passed against him by the statutory authorities on the ground of arrears of rent and bona fide need for own occupation. As for the order of eviction passed on the ground of arrears of rent, we are of the view that since there is no dispute regarding the contract rent and the revision petitioner/tenant did not adduce any evidence to substantiate his plea of discharge and since the order of eviction is a tentative one which is liable to be vacated by making requisite deposits under Section 11(2)(c), in revision, we need not interfere with the above order.
(2.) AS for the order of eviction passed under Section 11(3), the need projected in the RCP by the landlords was that the building is required bona fide for the occupation of the fifth petitioner in the RCP namely the fifth respondent herein so that he can conduct a stationery shop therein. Disputing the bona fides of the claim, it was contended by the revision petitioner that the fifth respondent is already conducting a stationery shop elsewhere. But the revision petitioner was unable to adduce any evidence which will show that the fifth respondent is conducting any other stationery shop. The Rent Control Court was impressed by the evidence given by the fifth respondent as PW1 and found that the need is bona fide. The Appellate Authority reappraised the evidence and concurred with the findings of the Rent Control Court.
(3.) WE have considered the submissions. We have scanned the order of the Rent Control Court and the judgment of the Appellate Authority. Keeping in mind the contours of our jurisdiction under Section 20, we are of the view that there is absolutely no warrant for interference in this jurisdiction. The finding entered by the fact finding authorities are founded on evidence. According to us, it was the revision petitioner's burden to establish by adducing cogent evidence that the fifth respondent is already conducting a stationery shop elsewhere and hence has no need to conduct the proposed business in the petition schedule building.