TMI Blog2010 (5) TMI 797X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 by which the First Appellate Court had reversed the judgment and decree dated 13.12.2002 passed by the Trial Court in Civil Suit No. 30A/1999 allowing the application of the landlord for eviction of the tenant. 2. Facts and circumstances giving rise to this appeal are that the appellant-tenant was inducted by the respondent-landlord on 1.10.1978 in a shop in house No. 83, Main Street, Mhow for a non- residential purpose on a monthly rent of ₹ 150/-. The respondent- landlord enhanced the rent from time to time and ultimately it was enhanced on 1.3.1995 to the extent of ₹ 700/-p.m. The respondent-landlord had taken a sum of ₹ 35,000/- as loan from the appellant-tenant. Some amount therefrom was to be adjusted towards a part of monthly rent. Respondent-landlord filed suit No.30A/1999 on 1.4.1999 for eviction of the appellant on the grounds of nuisance and bone fide requirement for himself contending that he was carrying on business of plastic goods and shoes in a rented `Gumti' measuring 3 ft. x 4 ft. on a Nalla. Respondent was in need of the disputed shop for carrying on his business alongwith his son Zulfikar Ali. Parties exchanged the affidavits and exami ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties and perused the record. 8. In Prativa Devi Vs. T.V. Krishnan (1996) 5 SCC 353, this Court held that the landlord is the best judge of his requirement and courts have no concern to dictate the landlord as to how and in what manner he should live. 9. However, in Ram Dass Vs. Ishwar Chander Ors. AIR 1988 SC 1422, this Court held that `bona fide need' should be genuine, honest and conceived in good faith. Landlord's desire for possession, however honest it might otherwise be, has, inevitably, a subjective element in it. The desire to become requirement must have the objective element of a need which can be decided only by taking all relevant circumstances into consideration so that the protection afforded to tenant is not rendered illusory or whittled down. The tenant cannot be evicted on a false plea of requirement or feigned requirement . (See also Rahabhar Productions Pvt. Ltd. Vs. Rajendra K. Tandon AIR 1998 SC 1639; and Shiv Sarup Gupta Vs. Dr. Mahesh Chand Gupta AIR 1999 SC 2507). 10. In Malpe Vishwanath Acharya Ors. Vs. State of Maharashtra Anr. AIR 1998 SC 602, this Court emphasised the need for social legislations like the Rent Control Act st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plained as under:- A question of fact is one capable of being answered by way of demonstration. A question of opinion is one that cannot be so answered. An answer to it is a matter of speculation which cannot be proved by any available evidence to be right or wrong. (Vide Salmond, on Jurisprudence, 12th Edn. page 69, cited in Gadakh Yashwantrao Kankarrao Vs. E.V. alias Balasaheb Vikhe Patil ors., AIR 1994 SC 678). 15. In Reserve Bank of India Anr. Vs. Ramakrishna Govind Morey, AIR 1976 SC 830, this Court held that whether trial Court should not have exercised its jurisdiction differently, is not a question of law or a substantial question of law and, therefore, second appeal cannot be entertained by the High Court on this ground. 16. In Kulwant Kaur Ors. Vs. Gurdial Singh Mann (dead) by L.Rs. Ors. AIR 2001 SC 1273, this Court held that the question whether Lower Court's finding is perverse may come within the ambit of substantial question of law. However, there must be a clear finding in the judgment of the High Court as to perversity in order to show compliance with provisions of Section 100 CPC. Thus, this Court rejected the proposition that scrutiny of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court considered the scope of appeal under Section 30 of the Workmen's Compensation Act, 1923 and held as under : Section 30 of the said Act postulates an appeal directly to the High Court if a substantial question of law is involved in the appeal..... A jurisdictional question will involve a substantial question of law. A finding of fact arrived at without there being any evidence would also give rise to a substantial question of law............ A question of law would arise when the same is not dependent upon examination of evidence, which may not require any fresh investigation of fact. A question of law would, however, arise when the finding is perverse in the sense that no legal evidence was brought on record or jurisdictional facts were not brought on record. 22. Similar view has been reiterated by this Court in Anathula Sudhakar Vs. P. Buchi Reddy (Dead) by LRs Ors. AIR 2008 SC 2033. 23. In Rishi Kumar Govil Vs. Maqsoodan and Ors. [(2007) 4 SCC 465], this Court while dealing with the provisions of Section 21(1)(a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 and Rule 16 of the U. P. Urban Buildings (Regulation of Letting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had taken loan of ₹ 35,000/- from the tenant and a part of it was to be adjusted toward the monthly rent for the said premises. 28. The Trial Court after considering the pleadings framed as many as 10 issues. However, the relevant issues had been Issue Nos. 1 and 3 regarding the bona fide and real need of the landlord. After considering the evidence on record including increase in rent from time to time and the fact that after evicting Dr. Sharma, Dental Surgeon, in 1978, the landlord in spite of starting his business in the suit premises rented it out to the appellant, came to the conclusion that need of the landlord was bona fide as he was running his business on a rented premises having a very small area at an unhygienic place i.e. platform on a Nalla. No other alternative or convenient place was available to him to shift/start his business and there had been no increase in rent of the suit premises after 1995. The said findings have been disturbed by the First Appellate Court mainly on the ground that the landlord did not require the suit premises for running his business, rather it was a pretext to increase the rent as rent had been increased from time to time and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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