AIR 1977 SUPREME COURT 2183 ::1977 4 SCC 374 ::1977 U J (SC) 502 ::1977 (2) RentLR 444 ::1977 (2) RenCJ 544

Supreme Court Of India

(From : (1976) 78 Bom LR 454)

Hon'ble Judge(s): Y. V. Chandrachud, P. S. Kailasam , JJ

Constitution of India , Art.136, Art.227— Appeal by special leave - Case under Bom. Act 57 of 1947 - Concurrent findings by two lower Courts as to requirement of landlord and on question of hardship - Petition under Article 227 by tenant against judgment of lower appellate Court - High Court setting aside entire judgment of lower appellate Court and remanding case - Judgment of High Court set aside and order of remand modified. (1976) 78 Bom LR 454. Partly reversed. The landlords filed a suit against the tenant for possession of a block of three rooms and a verandah let out to him as a monthly tenant. After considering the requirements of the landlords and on consideration of the question of comparative hardship to the parties, the trial Court passed a decree for possession in favour of the landlords. That decree was confirmed in appeal, whereupon the tenant filed a petition in the High Court under Article 227. The High Court allowed that petition, set aside the judgment of the Joint Judge and remanded the appeal to him for a decision in the light of the observations contained in its judgment . While the appeal against the judgment of the trial Court was pending before the Joint Judge, the tenant filed an application agreeing to hand over possession of one of the three rooms in his occupation to the landlords. The Joint Judge overlooked that a....