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Civil · Reportable judgment

Kalpana Vyas vs Raj Kumar Rangwani

Court
Supreme Court of India
Date
29 October 2018
Case No.
Civil Appeal No.10811 of 2018
Result
Allowed
Bench
Abhay Manohar Sapre, Indu Malhotra
Citation
[2018] 13 S.C.R. 572 : 2018 INSC 1012
Supreme Court Reports [2018] 13 S.C.R. 572 : 2018 INSC 1012
Headnote

Constitution of India – Art.227 – Jurisdiction of High Court – Scope of – Eviction petition filed by the appellant-landlady against the respondent-tenant on ground of bona fide need – Petition dismissed by Rent Tribunal – Appellate Tribunal set aside the order of the Rent Tribunal – High Court restored the order of the Rent Tribunal – Held: High Court while allowing the respondent’s writ petition held that the Appellate Tribunal allowed the appellant’s appeal with casual approach and failed to record any categorical finding on the plea of bona fide need – Having held that, the High Court had two options, either to remand the case to the Appellate Tribunal for deciding the appeal afresh on merits or to decide the matter itself on merits – High Court ought to have resorted to the first option and remanded the case back to the Appellate Tribunal, since it was hearing the matter in its writ jurisdiction u/Art.227 and it was not possible to examine the issue on facts in detail like an Appellate Court – High Court committed error in not taking recourse to any option and without deciding the issue arising in the case on its merit, simply restored the order of the Rent Tribunal – There was no factual finding recorded on the question of bona fide need – Case remanded to the Appellate Tribunal to be decided afresh on merits – Rent Control and Eviction.

Allowing the appeal, the Court

Read the full headnote (3 more paragraphs)

HELD: 1.1 The need to remand the case to the Rent Appellant Tribunal occasioned because the High Court, while allowing the respondent’s writ petition, came to a conclusion and accordingly held that the Rent Appellate Tribunal allowed the appellant’s appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need. Having held that, the High Court had two options: first either to remand the case to the Rent Appellate Tribunal for deciding the appeal afresh on merits in accordance with law and second, to decide the matter itself on merits in accordance with law. Since the High Court heard the matter in its writ jurisdiction under Article 227 of the Constitution, it was not possible to examine the issue on facts in detail like an Appellate Court. It is for this reason, the High Court ought to have resorted to first option and remanded the case back to the Rent Appellate Tribunal for deciding the appeal afresh on merits in accordance with law. [Paras 15, 16] [576-A-B]

1.2 The High Court committed error in not taking recourse to any option and without deciding the issue arising in the case on its merit, simply restored the order of the Rent Tribunal. This approach of the High Court caused prejudice to the appellant because there was no factual finding recorded either by the first appellate Court or the High Court on the question of bona fide need. [Paras 17, 18] [576-C-D]

1.3 It is for this reason that the finding of the High Court is upheld in relation to the approach and the manner in which the Rent Appellate Tribunal decided the appellant’s appeal but it would be just and proper to remand the case to the Rent Appellate Tribunal for its decision on merits afresh in accordance with law. Impugned order is modified to the extent that the case is remanded to the Rent Appellate Tribunal for deciding the appeal afresh on merits in accordance with law. [Paras 19, 20] [576-E-F]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 02.01.2018 passed by the High Court of Rajasthan Bench at Jaipur in S.B. Civil Writ Petition No. 5403/2015 whereby the High Court has allowed the writ petition filed by the respondent herein. 3. The issue involved in the appeal is short, as also the facts of the case lie in a narrow compass, which would be clear from the narration infra. 4. The appellant is the applicant, whereas the respondent is the non-applicant in the eviction petiti
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