Article 226
Querist :
Anonymous
(Querist) 02 November 2010
This query is : Resolved
Sir, this is Rent control act matter of landlord-tenant dispute.
Trial court rejects release application of landlord on bonafide need as well as on hardship.
Appellate court also reject release application on bonafide need that there are two ancestral houses of landlord in other district, BUT interfere in comparative HARDSHIP that no hardship of tenant in case of eviction.
High Court set-aside both courts judgments and order to evict, said it is immaterial that two houses of landlord in other district, court can not dictate to landlord to whether he live.
In Landlord-tenant dispute "whether the High Court was Justified in interfering with the conclusion arrived by the both the courts below on question of finding of Facts (concurrent finding) which is based on Affidavits? That the landlord need being not bonafide and genuine?" and set aside lower courts order & allowed landlord petition.
SC passed interim stay on eviction in SLP filed by tenant.
What is the future of this judgment in SLP?
Please refer latest Supreme Court' case laws.
s.subramanian
(Expert) 02 November 2010
The high court has powers to take such a view. If you are aggreived you have to approach the supreme court only.
pawan sharma
(Expert) 02 November 2010
yes High Court have power to settel the disput which comes before it under the law, but the tenant can apporach to the Apex court i.e. Supreme Court.
Chanchal Nag Chowdhury
(Expert) 02 November 2010
Of course the HC has powers to set aside the lower court judgments but that can be done in a 2nd. Appeal & not a proceeding under Art.226/227.
Kirti Kar Tripathi
(Expert) 02 November 2010
Yes, High Court can interfere. once case is remanded, it means the orders passed by the lowers court automatically set aside by the High Court. So for as reasons given by Ho'ble High Court, I think the same are correct.
Querist :
Anonymous
(Querist) 02 November 2010
NOT JUSTIFIED, High Court should remand the matter to lower appellate court on question of bonafide need only, not set aside both courts below order on concurrent findings.
G. ARAVINTHAN
(Expert) 08 November 2010
How can the same can be challenged by way of 226?
