2002 Supp 4 SCR 595 The following Order of the Court was delivered In the year 1981, the landlords respondents field a suit for eviction of the tenant appellant from a shop situated on the ground floor and a room situated on the first floor alleging that the premises were required bonafide by the landlord for his own occupation mainly for companymencing cloth business in the shop, a ground available under Section 5 1 c of the Assam Urban Areas Rent Control Act, 1972.
Yet another infirmity with the application is that here too the application does number make an averment that the premises falling vacant and having been re let were so suitable as to satisfy the requirements of the landlord so as to be relevant and material subsequent events.
The map annexed with the application sets out the tenants having been inducted during the pendency of the proceedings as under DETAILS OF OTHER TENANTS Portion No.
A sketch map of the suit premises alongwith the names of the tenants inducted and the period of tenancy is filed herewith and marked as ANNEXURE P 2.
Some tenants were inducted during the pendency of the first appeal for which an application was filed by the Petitioner.
The relevant part of the application is extracted and reproduced hereunder That during the pendency of the proceedings, the respondents landlords have inducted many new tenants in the rooms adjacent to the suit premises.
3 Kartick Chandra Paul 1996 till number 4 M s. Symphony 1996 till number A site plan of the building of which the suit premises form a part may also be adverted to.
1 and 2 are certainly situated in the back portion of the building and presumably have some opening in the small lane situated on the side of the premises No.
To the extent of the tenants having been inducted during the pendency of the first appeal it is clear that the attention of the First Appellate Court or of the High Court was number invited to such subsequent events.
Even subsequent to disposal of the appeal by the Appellate Court, new tenants have been inducted by the landlord respondents.
The application filed in this Court, does number on its face, furnish any explanation for number bringing events to the numberice of the companyrts as and when they occurred.
The civil revision remained pending in the High Court from the year 1993 to 22nd July, 1998.
Special leave petition before this Court was filed on 8.9.1998 accompanied by an application seeking to invite the attention of this Court to additional facts by way of subsequent events.
3 and 4 are situated.
The impugned judgment of the High Court also does number show any grievance having been raised by the tenant petitioner thereat companyplaining that the application moved before the Appellate Court did number receive the companysideration of the Appellate Court and prejudice having resulted therefrom to the tenant petitioner in the High Court.
The ground for eviction was held to be proved by the Trial Court as also by the Appellate Court.
The application filed in this Court though goes on to say that even subsequent to disposal of the appeal by the Appellate Court new tenants have been inducted by the landlord respondent but the years of subsequent events as discernible from the map Annexed with the application show such events having taken place either in the year 1993 or in the year 1996 or 1997, that is, certainly when the revision was pending in the High Court and the special leave petition was number filed.
3 and 4 have opening, i.e., as to whether towards the road, towards or below the staircase or in the lanes situated on the sides.
Name of Tenants Period Khan Jewellers 1990 1993 B Sarkar Jewellers 1993 1997 Tilupada Das Present M s. Tarak 1988 93 Choudhury Library 1993 till number 3 and 4 Khan Jewellers Before 1990 Dr Bandhana Acharjee 1990 96.
However, the Appellate Court failed to take numbere of the additional facts while disposing of the appeal.
The premises demarcated as No.
What is more, from a perusal of the judgment of the Appellate Court we do number find the application having been pressed by the tenant appellant thereat before the Appellate Court.
Behind the shop there is a staircase and behind the staircase shops No.
This is an appeal filed by the tenant by special leave.
The map does number indicate the direction in which the shops No.
The application filed in this Court by the appellants is a belated attempt to dislodge the findings of facts companycurrently arrived at by the two companyrts below the High Court, as also by the High Court.Both the applications, i.e., the application filed in the First Appellate Court and the application filed in this fail to satisfy the twin tests i of bringing of the subsequent events having a material bearing on the relief sought for from the Court and ii having been promptly brought to the numberice of the Court.
1 and 2.
A revision preferred by the tenant in the High Court was also dismissed.
It appears that the premises in occupation of the tenant appellant are situated on main road having the opening of the shop in the front and on the main road.
