BAPJEE ALIAS MUSTAFA BAIG SABIB Vs. MINOR PARSONCHAND

JUDGEMENT

(1.) THE tenant is the revision-petitioner. THE respondent-landlord who was a minor represented by his mother filed an application for eviction in respect of a residential building under section 10 (3) (a) (i) and 14(1) (6) of Act XVIII of 1960. THE tenant resisted the application on both grounds and the Rent Controller found both the points in favour of the landlord and ordered eviction. On appeal, the Appellate Authority confirmed the findings of the Rent Controller and dismissed the appeal and hence the revision.

(2.) I have heard learned counsel for both the parties and perused the orders of the Courts below, as well as the pleadings in this case. So far as the ground for demolition and reconstruction under section 14 (1) (b) is concerned the learned counsel for the tenant submits that there is no finding either by the Rent Controller or by the Appellate Authority with reference to the age and condition of the building which is a vital factor to be taken into consideration in assessing the bona fides as pointed out by the Supreme Court in the decision reported in Metalware & Co v. Bansilal1, I have perused the order of the Rent Controller. The ground under section 14 (1) (b) has been disposed of in just one short paragraph which describes the exhibits and there is practically no discussion about the age and condition of the building. Of course, the Root Controller has relied on the photograph of the building Exs. A-7 and A-8. But then, this photograph itself has not been properly proved since the photographer has not been examined. That apart, ordinarily some technical evidence is usually let in examining the Surveyor or Supervisor or other expert with reference to the age and condition of the building. The order of the Appellate Authority is also no better in the sense that there is no discussion with regard to the age and condition of the building or the resources of the landlord. The Appellate Authority has merely commented on the plan and the photograph and codfirmed the finding of the Rent Controller. In my opinion, the Courts below are bound to record their findings based on the evidence. Inasmuch as this has not been done, it violates the spirit of the Supreme Court decision and therefore, this is a fit case for remitting the matter to the Rent Controller for disposing of the case afresh in the light of the discussion contained herein and in the Supreme Court decision.

(3.) THE result is, the revision petition is allowed and the order of eviction is set aside and the matter is remitted to the Rent Controller for fresh disposal in the light of the observations made above. Both the parties will be at liberty to let in oral and documentary evidence on both the points. Since this R. C. O. P., was filed in 1978 and both the parties are anxious to have an early disposal of the matter, the Rent Controller will give priority and dispose of it within three months from the date of the receipt of the record. No costs.