VANEET JAIN versus JAGJIT SINGH

VANEET JAIN versus JAGJIT SINGH

High Court exceeded its jurisdiction under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 by reassessing evidence and reversing concurrent findings of bona fide need; the conclusion reached by Rent Controller and appellate authority was not unreasonable and should not have been disturbed.

Parties
Appellant: Vaneet Jain; Respondent: Jagjit Singh
Jurisdiction
India
Judgment Date
02 May 2000
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab and Haryana High Court Revision
Outcome
Appeal allowed; judgment under appeal set aside.
Legal Topics
Revisional Jurisdiction, Bona Fide Requirement, Eviction Procedures Under Haryana Urban (control of Rent and Eviction) Act, 1973
Landlord Tenant Eviction Revisional Jurisdiction Bona Fide Requirement Eviction Procedures Under Haryana Urban (control of Rent and Eviction) Act, 1973

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Parties

Vaneet Jain

Appellant

Jagjit Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab and Haryana High Court Revision

Legal Issues

  1. 1 Whether High Court in revision can reassess or reappraise evidence to arrive at a finding contrary to the lower authorities regarding bona fide need for eviction

Ratio Decidendi

High Court exceeded its jurisdiction under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 by reassessing evidence and reversing concurrent findings of bona fide need; the conclusion reached by Rent Controller and appellate authority was not unreasonable and should not have been disturbed.

Court Disposition

Appeal allowed; judgment under appeal set aside.

Orders

  • Respondent (tenant) shall not be evicted until 30th April, 2001 provided he files usual undertaking within four weeks and deposits arrears of rent/damages, and continues to deposit damages as they fall due. If failed, order stands vacated automatically.
  • Appeal disposed of; no costs.