AMBADAS KHANDUJI SHINDE & ORS. versus ASHOK SADASHIV MAMURKAR & ORS.

AMBADAS KHANDUJI SHINDE & ORS. versus ASHOK SADASHIV MAMURKAR & ORS.

The High Court was not justified in interfering with the concurrent factual findings of bona-fide need by the trial and appellate courts under Section 115 CPC. The courts below passed reasoned orders within their jurisdiction, and the need of the landlords as head of the family for his sons' independent business was genuine.

Parties
Appellants Landlords: Ambadas Khanduji Shinde & Ors.; Respondents Tenants: Ashok Sadashiv Mamurkar & Ors.
Jurisdiction
India
Judgment Date
31 January 2017
Procedural Posture
Civil Appeal / Appeal From High Court's Order in Civil Revision Application No. 50 of 2013
Outcome
Appeal allowed; High Court's order set aside; orders of trial and appellate courts restored.
Legal Topics
Revisional Jurisdiction Under Section 115 CPC, Concurrent Factual Findings, Bona Fide Need, Eviction and Recovery of Possession
Civil Procedure Rent Control and Eviction Revisional Jurisdiction Under Section 115 CPC Concurrent Factual Findings Bona Fide Need Eviction and Recovery of Possession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ambadas Khanduji Shinde & Ors.

Appellants Landlords

Ashok Sadashiv Mamurkar & Ors.

Respondents Tenants

Procedural Posture

Civil Appeal / Appeal From High Court's Order in Civil Revision Application No. 50 of 2013

Legal Issues

  1. 1 Whether the High Court could interfere with concurrent findings of lower courts under Section 115 of CPC, especially regarding the bona-fide need of landlords for eviction

Ratio Decidendi

The High Court was not justified in interfering with the concurrent factual findings of bona-fide need by the trial and appellate courts under Section 115 CPC. The courts below passed reasoned orders within their jurisdiction, and the need of the landlords as head of the family for his sons' independent business was genuine.

Court Disposition

Appeal allowed; High Court's order set aside; orders of trial and appellate courts restored.

Orders

  • Tenants granted six months' time to vacate the premises, subject to filing usual undertaking to hand over possession to appellants.