RAM DASS versus ISHWAR CHANDER AND OTHERS

RAM DASS versus ISHWAR CHANDER AND OTHERS

On a consideration of evidence and the statutory scope, the landlord's bonafide requirement was established, and the High Court was justified in interference under its revisional jurisdiction given the statutory language of Section 15(5).

Parties
Appellant: Ram Dass; Respondents: Ishwar Chander and Others
Jurisdiction
India
Judgment Date
09 May 1988
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment in Revision
Outcome
Appeal dismissed
Legal Topics
Bonafide Requirement of Landlord, Eviction of Tenant, Scope of Revisional Jurisdiction
Constitutional Law Landlord Tenant Law Bonafide Requirement of Landlord Eviction of Tenant Scope of Revisional Jurisdiction

Case Brief

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Parties

Ram Dass

Appellant

Ishwar Chander and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment in Revision

Legal Issues

  1. 1 Whether the landlord's requirement was bonafide for eviction under the East Punjab Rent Restrictions Act, 1949
  2. 2 Whether the High Court in its revisional jurisdiction could interfere with findings of fact of the Appellate Authority

Ratio Decidendi

On a consideration of evidence and the statutory scope, the landlord's bonafide requirement was established, and the High Court was justified in interference under its revisional jurisdiction given the statutory language of Section 15(5).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs
  • CMP No. 33347 filed by the appellant was of no practical assistance and did not affect the outcome