RAI CHAND JAIN versus MISS CHANDRA KANTA KHOSLA

RAI CHAND JAIN versus MISS CHANDRA KANTA KHOSLA

High Court is empowered under Section 15 of East Punjab Urban Rent Restrictions Act, 1949, to reverse findings of fact where improper or illegal. The premises were let out for residential purposes, not to M/s Navneet Parkashan for running a printing press; use for a purpose other than residential without written permission of Rent Controller constitutes ground for eviction. Landlady’s bona fide requirement substantiated; acceptance of rent does not amount to waiver of statutory requirement.

Parties
Appellant Tenant: Rai Chand Jain; Respondent Landlady: Miss Chandra Kanta Khosla
Jurisdiction
India
Judgment Date
15 November 1990
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Civil Revision No. 1238 of 1989
Outcome
Appeal dismissed
Legal Topics
Eviction, Change of User, Bona Fide Requirement, Revisional Jurisdiction, Findings of Fact
Landlord Tenant Property Rent Control Eviction Change of User Bona Fide Requirement Revisional Jurisdiction Findings of Fact

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Parties

Rai Chand Jain

Appellant Tenant

Miss Chandra Kanta Khosla

Respondent Landlady

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Civil Revision No. 1238 of 1989

Legal Issues

  1. 1 Whether the High Court can interfere with findings of fact of the Appellate Authority under East Punjab Urban Rent Restrictions Act, 1949
  2. 2 Whether the premises were used for a purpose other than that for which it was let out
  3. 3 Whether landlady’s bona fide requirement was established

Ratio Decidendi

High Court is empowered under Section 15 of East Punjab Urban Rent Restrictions Act, 1949, to reverse findings of fact where improper or illegal. The premises were let out for residential purposes, not to M/s Navneet Parkashan for running a printing press; use for a purpose other than residential without written permission of Rent Controller constitutes ground for eviction. Landlady’s bona fide requirement substantiated; acceptance of rent does not amount to waiver of statutory requirement.

Court Disposition

Appeal dismissed

Orders

  • Tenant to vacate premises within six months, subject to filing usual undertaking within four weeks; default will result in execution of decree.
  • Costs awarded, quantified at Rs.3,000.