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High Court cannot intervene in finding of bonafide requireme

Raj Kumar Makkad ,
  29 April 2010       Share Bookmark

Court :
Delhi High Court
Brief :
Tenancy - Eviction petition - bona fide requirement - Fore Father in- law of the petitioner was the original tenant - Respondent desired to shift to the ground floor occupied by the petitioner to live close to maternal family - Petitioner opposes the eviction petition disputing the relationship of landlord and tenant between the parties - Petitioner also claimed that respondent requires the suit premises for residential-cum-commercial purpose, therefore seeking to quash the eviction petition - Whether the suit before the High Court is maintainable even when Additional Rent Controller held that bona fide need of the respondent was examined and found to be genuine?
Citation :
Bhagwati v. Vijay Rani ( Decided on 05.04.2010)


Held, principle that in revision the High Court cannot interfere with the findings of fact arrived at by the Controller on re-appreciation of evidence, has been reiterated in numerous cases. The scope of interference in exercise of revisional powers of this Court is very limited. Therefore, the impugned judgment dated 30.10.2009 is in accordance with law. The same does not suffer from any illegality, perversity or any jurisdictional error, which deserves interference by this Court. Therefore, while upholding the impugned judgment. Petition dismissed.



    


 
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Published in Civil Law
Views : 1581




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