NASIRUL HAQUE versus JITENDRA NATH DEY

NASIRUL HAQUE versus JITENDRA NATH DEY

The High Court erred by accepting the trial court's finding without scrutiny and disregarded the statutory requirement to objectively determine reasonable need and the possibility of substantial satisfaction by partial eviction; the matter must be reconsidered taking into account the proviso to section 12(1)(c).

Parties
Appellant: Nasirul Haque; Respondent: Jitendra Nath Dey
Jurisdiction
India
Judgment Date
24 August 1984
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 8th May, 1984 of the Patna High Court in Second Appeal No. 182 of 1978
Outcome
Appeal allowed; decree of High Court set aside; case remanded to High Court to decide afresh after considering evidence in light of Supreme Court observations.
Legal Topics
Eviction, Partial Eviction, Reasonable Requirement, Second Appeal, Findings of Fact
Landlord and Tenant Eviction Partial Eviction Reasonable Requirement Second Appeal Findings of Fact

Case Brief

Summary, issues, holding and outcome

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Parties

Nasirul Haque

Appellant

Jitendra Nath Dey

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 8th May, 1984 of the Patna High Court in Second Appeal No. 182 of 1978

Legal Issues

  1. 1 Whether the finding of fact by the trial court, called for directly by the High Court bypassing the appellate court, is conclusive and immune from scrutiny in second appeal.
  2. 2 Scope of partial eviction under proviso to section 12(1)(c) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1977.

Ratio Decidendi

The High Court erred by accepting the trial court's finding without scrutiny and disregarded the statutory requirement to objectively determine reasonable need and the possibility of substantial satisfaction by partial eviction; the matter must be reconsidered taking into account the proviso to section 12(1)(c).

Court Disposition

Appeal allowed; decree of High Court set aside; case remanded to High Court to decide afresh after considering evidence in light of Supreme Court observations.

Orders

  • Stay of dispossession granted in the meantime.
  • High Court requested to expedite hearing of the case.