RAMKARAN DAS AGARWALLA Vs. RADHESHYAM AGARWALLA

JUDGEMENT

(1.) This matter has been placed before this Bench on a reference by a learned single Judge on the question as to when finding relating to a tenant being a defaulter or the premises being needed bonafide by a landlord (two pleas normally taken in eviction suits) can be interfered by this Court in exercise of its power under section 115 of the Code of Civil Procedure . This reference has been made keeping in view the decision of this Court in Ramesh Chandra Vs. Deo Narain, L.P.A. 11/76 D/d. 30.10.79 (Gau). in which it was held that in a matter governed by the provisions of the Assam Urban Areas Rent Control Act, hereinafter the Act, the party aggrieved by the appellate decision cannot approach this Court in second appeal. The result of the decision has been that the aggrieved persons have been approaching this Court under section 115 of the Code. Finding that there are a large number of such cases in which a question very often arises whether the finding relating to the aforesaid aspects arrived at by the first appellate Court can be disturbed by this Court sitting in revision, the present reference has been made. Section 115 of the Code is in the following terms :