2/1988 was registered in the Court of IInd Additional Chief Judicial Magistrate Prescribed Authority, Barabanki.
Both the parties preferred appeals against the order of the prescribed Authority the appellants challenged the order of eviction passed against them, while the respondent assailed the order for payment of two years rental to the appellants.
92 R C of 1992 in the Allahabad High Court Lucknow Bench .
They denied that the respondent had any bona fide need for the shop room in question.
Being aggrieved by the judgment of the Appellate Authority the respondent landlord filed the petition under Article 226 of the Constitution being W.P. No.
A single Judge of the Court by the judgment dated 8.12.1999 allowed the Writ Petition, and quashed the judgment order of the Appellate Authority.
The prescribed authority on sifting the evidence on record accepted the case of the respondent that he was in bona fide need of the shop room in question, and allowed the prayer for release of the premises and ordered eviction of the appellants therefrom.
The Appellate Authority observed that Dilip Kumar was married in 1979 the marriage was dissolved by a decree of divorce passed in July 1987 before filing of the eviction petition therefore, the cause pleaded in the eviction petition that Dilip Kumar after his marriage felt the need to augment his income and for that purpose wanted to start his independent business, was number acceptable.
According to them the respondent had a number of other premises, some of which he let out to others shortly before filing the eviction petition in 1987.
The High Court should number interfere with a finding of fact simply because it feels persuaded to take a different view on the material on record.
The 5th Additional District Judge Barabanki in the judgment dated 12.5.1992 in Rent Control Appeal Nos.1/91 and 2/91 allowed the appeal No.2/91 filed by the appellant herein and disallowed the appeal No.1/91 filed by the respondent herein.
The appellants entered companytest, refuted the averments allegations made by the respondent in the eviction petition.
R 67 New No.
Sita Ram Nand Kishore, the respondent is the landlord of the said property.
He also ordered payment of an amount equivalent to two years rental as companypensation for indemnifying the appellants for the inconvenience faced by them in shifting their business.
The position is too well settled to admit of any companytroversy that the finding of fact recorded by the final Court of fact should number ordinarily be interfered with by the High Court in exercise of writ jurisdiction, unless the Court is satisfied that the finding is vitiated by manifest error of law or is patently perverse.
The Appellate Authority further observed that the respondent landlord had himself let out his building on rent in 1987 which show that Dilip Kumars need was number bona fide one the necessity, if any, had ceased by the date of the eviction petition i.e. on 28.1.1988.
R/50 located in the Mohalla Rasoolpur, Nawab Ganj, District Barabanki, Uttar Pradesh.
On the petition filed by the respondent on 28.1.1988 for eviction of the appellants and release of the premises under section 21 1 a of the Uttar Pradesh Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 Act 13 of 1972 hereinafter referred to as the Act P.A. No.
In the present case on perusal of the judgment of the Appellate Authority which runs to about sixty pages the Authority has discussed in great detail the case pleaded by both the parties, materials placed by them in support of their case and has disbelieved the case that the landlord bona fide required the shop in question for his son Dilip Kumar .
P.MOHAPATRA, J. Leave granted.
LITTTTTTTJ The appellants are the tenants of the shop room No.
Hence this appeal by the tenants.
The case of the respondent shortly stated was that he was in bona fide need of the shop room in question for establishing his son Dilip Kumar in business being his father and the Karta of the family it was his duty to provide necessary facilities to his son to start independent business.
