AIR 1981 SUPREME COURT 1711 ::(1981) LS 37 ::1981 UJ (SC) 477 ::1981 (3) SCC 103 ::(1981) DRJ 274 ::(1981) Jab LJ 716 ::(1981) MPLJ 610 ::(1981) 2 RenCR 405 ::1981 (1) RentLR 771

Supreme Court Of India

(From : Madhya Pradesh)**

Hon'ble Judge(s): D. A. Desai, R. S. Pathak, E. S. Venkataramiah , JJJ

(A) Constitution of India , Art.136— Appeal by special leave - Finding of fact - Binding nature of - Suit for eviction under M. P. Rent Control Act on ground of bona fide requirement for starting landlord's own business - In second appeal, tenant alleging acquisition of premises by landlord, sufficient for landlord's need - Finding given by ignoring fact of acquisition - Not binding. Madhya Pradesh Accommodation Control Act (41 of 1961) , S.12(1)(f)— The finding of fact ignoring incontrovertible admitted position which would non-suit the plaintiff if upheld would be travesty of justice.(Para 12) Where during the pendency of second appeal in suit for eviction of tenant on the ground that the premises were bona fide required by the landlord for starting his business, the tenant pointed out that the landlord had acquired possession of another premises in the building in question which would meet landlord's need for his business, the finding given by ignoring this admitted position would not be binding in appeal under Art. 136.(Para 12) (B) Madhya Pradesh Accommodation Control Act (41 of 1961) , S.12(1)(f)— Suit for eviction on ground of personal business requirement - Decree for eviction - Acquisition of premises by landlord during pendency....