SMT. JAHEJO DEVI & ORS. versus MOHARAM ALI

SMT. JAHEJO DEVI & ORS. versus MOHARAM ALI

The High Court erred in interfering with concurrent findings of facts reached by the trial and first appellate courts on default in rent and bona fide landlord need; such interference is not permissible in second appeal unless findings are perverse or unsupported by evidence. There was no evidence of vacant premises to negate landlord's need, and the tenant's tender was invalid.

Parties
Appellant: SMT. JAHEJO DEVI & ORS.; Respondent: MOHARAM ALI
Jurisdiction
India
Judgment Date
09 December 1987
Procedural Posture
Civil Appeal / Appeal From High Court in Second Appeal
Outcome
Appeal allowed
Legal Topics
Eviction of Tenant, Default in Payment of Rent, Bona Fide Need of Landlord, Concurrent Findings, Interference in Second Appeal
Landlord Tenant Property Law Eviction of Tenant Default in Payment of Rent Bona Fide Need of Landlord Concurrent Findings Interference in Second Appeal

Case Brief

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Parties

SMT. JAHEJO DEVI & ORS.

Appellant

MOHARAM ALI

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court in Second Appeal

Legal Issues

  1. 1 Whether the High Court in second appeal can interfere with concurrent findings regarding default in rent payment and bona fide need of landlord under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977

Ratio Decidendi

The High Court erred in interfering with concurrent findings of facts reached by the trial and first appellate courts on default in rent and bona fide landlord need; such interference is not permissible in second appeal unless findings are perverse or unsupported by evidence. There was no evidence of vacant premises to negate landlord's need, and the tenant's tender was invalid.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court of Patna set aside
  • No order as to costs