MUHAMMAD YAKOOB vs SALEEM AKHTAR
This matter arises from a petition for leave to appeal directed against the judgment of the High Court, which had reversed the Rent Controller's findings and ordered the ejectment of the petitioner-tenant on the ground of personal and bona fide requirement of the disputed premises by the respondent-landlord. The core legal question before the Supreme Court was whether the High Court erred in reversing the factual finding of the Rent Controller regarding personal bona fide need upon reappraisal of evidence. The Supreme Court held that the finding recorded by the High Court on the issue of personal requirement was based on a reappraisal of evidence and constituted a pure finding of fact, raising no question of law. Consequently, the petition was dismissed. The key principle laid down is that findings of fact rendered by the High Court on the question of personal requirement based on evidence do not warrant interference by the Supreme Court in the absence of any substantial question of law.
- Does a finding on the issue of personal requirement of premises based on a reappraisal of evidence constitute a question of fact?
- Will the Supreme Court interfere with a High Court's factual finding regarding personal bona fide requirement when no question of law arises?
ORDER
1. ' SA. NUSRAT, J.---The respondent-landlord applied for the ejectment of the petitioner on the ground of his personal and bona fide requirement of the disputed premises and also on the ground that the petitioner had damaged the premises thereby diminishing the value and utility of the same. The application was dismissed by the Rent Controller on both the grounds. The order of the Rent Controller was challenged in First Appeal by the respondent before the High Court which was allowed as per impugned judgment and the finding of the Rent Controller on the question of personal bona fide requirement of the premises by the respondent was reversed, and the petitioner was directed to vacate the premises.
2. ' We have heard the learned counsel for the petitioner and gone through the impugned judgment.
3. The finding recorded by the learned High Court on the issue of personal requirement is based on reappraisal of evidence and is one of fact. No question of law arises in, the facts and circumstances of the case. The petition merits no consideration and is accordingly dismissed.