(1.) (29th April, 1977) - Sub -section (1) of section 100 of the Civil Procedure Code, as amended by Act No. 104 of 1976, provides : -
(2.) INTERPRETATION of the expression "substantial question of law" has assumed importance at the preliminary hearing of regular second appeals, more so because sub -section (5) of section 100 of the Code of requires that where the High Court is satisfied that substantial question of law is involved in any case, it shall formulate that question. Learned counsel for the appellant canvassed for a wide construction being put upon the expression "substantial question of law". In this regard reference was made to sub -section (2) of section 39 of the Delhi Rent Control Act, 1958, which lays down : -
(3.) LEARNED counsel then cited authoritative pronouncement of their Lordships of the Supreme Court in Madan Lal Puri v. Sain Dass Berry, A.I.R. 1973 S.C. 585, wherein it was held that the finding as to bona fide requirement of a landlord was a finding on a mixed question of law and fact. It was open to the High Court when exercising jurisdiction under section 39(2) of the Act to consider the correctness or otherwise of such finding.