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Supreme Court of India · 25/04/2023

KUSUM LATA SHARMA versus ARVIND SINGH

[2023] 4 S.C.R. 493 · 2023 INSC 429

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Summary

A widowed landlady obtained eviction orders under Section 14(1)(e) of the Delhi Rent Control Act for her bona fide requirement and that of her brother-in-law's family living with her; the Delhi High Court, in revision under Section 25-B(8), reversed them on the ground that she had not been forthright about the property being built on two adjoining plots, one owned by her sister-in-law. The Supreme Court restored the eviction orders, holding that the High Court exceeded its limited revisional jurisdiction by disturbing findings of fact on a vague ground of misdescription, when the pleadings read as a whole with the site plan and her cross-examination disclosed no material flaw or prejudice to the tenants.

Issues

  1. Whether the High Court, exercising revisional jurisdiction under the proviso to Section 25-B(8) of the Delhi Rent Control Act, 1958, could reverse the Rent Controller's findings of fact on bona fide requirement on the ground that the landlady had not clearly described the property as standing on two adjoining plots.
  2. Whether an alleged want of clarity in describing the suit property, clarified in cross-examination and not shown to have prejudiced the tenants, could defeat an otherwise established case of bona fide requirement under Section 14(1)(e).

Provisions considered

Held

Result

Appeals allowed; High Court's orders dated 17.04.2018 in RC.REV. Nos. 78 and 80 of 2015 set aside and the Rent Controller's eviction orders dated 21.11.2014 restored. Tenants granted time to vacate by 31.12.2023 on depositing all arrears of rent within four weeks and filing the usual undertaking. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 493.