TMI Blog1998 (9) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... onal need for starting his business. It was the case of the respondent - landlord that though he was an advocate, he wanted the suit shop for starting his business of a 'General Store' as he did not intend to practice law. The suit was resisted. The trial court after framing issues and recording evidence came to the conclusion that the need of the landlord was not genuine or bonafide. The suit was dismissed. Landlord's appeal before the appellate authority failed and the finding recorded by the trial court of the effect that the need of the landlord was not bona fide or genuine was confirmed. The landlord thereupon filed a second appeal in the High Court. By the impugned order the concurrent findings of fact were set aside by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 100 CPC. The above judgment was approved by a three Judge Bench of this Court in Kahitish Chandra Purakait vs. Santosh Kumar Purkaji and others : (1997) 5 SCC 438 wherein it was held :- 10 We would only add that (a) it is the duty cast upon the High Court to formulate the substantial question of law involved in the case even at the initial stage; and (b) that in (exceptional) cases, at a later point of time, when the Court exercises its jurisdiction under the proviso to sub-section(5) of Section 100 CPC in formulating the substantial question of law, the opposite party should be put on notice thereon and should be given a fair or proper opportunity to meet the point. Proceeding to hear the appeal without formulating the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... answer the question of law which had been formulated by it at the time of admission of the second appeal. There is no reference to the question of law in the impugned order and it appears that the High Court thought that it was dealing with a first appeal and not a second appeal under Section 100 CPC. The findings of fact recorded by the two courts below were based on proper appreciation of evidence and the material on the record. There was no perversity, illegality or irregularity in those findings. None has been brought to our notice by the learned counsel for the respondent either. The findings, therefore, did not require to be upset in a second appeal under Section 100 CPC. The judgment of the learned Single Judge, under the circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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