ASHOK KUMAR AND ORS. versus SITA RAM

ASHOK KUMAR AND ORS. versus SITA RAM

The High Court erred in interfering with the Appellate Authority's finding of fact that the landlord had no bona fide need. Consideration of comparative hardship does not arise when bona fide need is not established. High Court ought not to act as an appellate court in writ jurisdiction absent manifest error or perversion in findings of the final fact-finding authority.

Parties
Appellant Tenants: Ashok Kumar and others; Respondent Landlord: Sita Ram @ Nand Kishore
Jurisdiction
India
Judgment Date
19 April 2001
Procedural Posture
Civil Appeal / Supreme Court on Appeal From High Court Order Under Article 226
Outcome
Appeal allowed
Legal Topics
Eviction, Bona Fide Need, Comparative Hardship, Writ Jurisdiction
Rent Control Law Constitutional Law Eviction Bona Fide Need Comparative Hardship Writ Jurisdiction

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Parties

Ashok Kumar and others

Appellant Tenants

Sita Ram @ Nand Kishore

Respondent Landlord

Procedural Posture

Civil Appeal / Supreme Court on Appeal From High Court Order Under Article 226

Legal Issues

  1. 1 Whether High Court was justified in interfering with findings of fact under Article 226 regarding landlord's bona fide need for eviction under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972
  2. 2 Whether comparative hardship under the proviso to Section 21(1)(a) needs consideration when bona fide need is not established

Ratio Decidendi

The High Court erred in interfering with the Appellate Authority's finding of fact that the landlord had no bona fide need. Consideration of comparative hardship does not arise when bona fide need is not established. High Court ought not to act as an appellate court in writ jurisdiction absent manifest error or perversion in findings of the final fact-finding authority.

Court Disposition

Appeal allowed

Orders

  • Judgment/order of Allahabad High Court dated 8.12.1999 in Writ Petition No. 92 (RIC) of 1992 set aside
  • Order of the Appellate Authority, Vth Additional District Judge, Barabanki dated 12.5.1992 in Rent Control Appeal No.1 of 1991 confirmed