BANARSI DASS Vs. BALBIR KRISHAN AND ANOTHER
LAWS(P&H)-1979-11-81
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 13,1979

Appellant
VERSUS
Respondents

JUDGEMENT

Madan Mohan Punchhi, J. - (1.) The concurrent finding of the Rent Controller Ambala, and the Deputy Commissioner, Ambala (exercising the appellate powers under section 15 of the Haryana Urban (Control of Rent and Eviction) Act (No. 11 of 1973), is that the tenant-petitioner is liable to be ejected from the premises in dispute on the ground that the landlord needs it for his own use and occupation. This finding has been challenged by the tenant-petitioner in this revision petition.
(2.) The finding is essentially one of fact. It has been held by their Lordships of he Supreme Court in Phiroze Bamanji Desai Vs. Chandrakant M. Patel and others, A.I.R. 1974 S C 1059 , that the High Court is not competent to interfere with a finding of fact by re-appreciating the evidence. The finding as such is not based upon the mere wish or want of the landlord but of his need, which stands established by the finding that the present accommodation with him is in sufficient to meet the requirements of his family members. It is not a case for calling any interference. Thus, the revision petition is dismissed with no order as to costs. The tenant is granted one month's time from today to vacate the premises. Revision dismissed.;


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