AIR 2019 SUPREME COURT 924 ::2019 (2) ALJ 655 ::AIROnline 2019 SC 72 ::(2019) 1 WLC(SC)CVL 582 ::(2019) 3 CivLJ 437 ::(2019) 1 All RentCas 536 ::(2019) 3 CivilCourtC 258 ::2019 (5) SCC 537 ::(2019) 2 Scale 733 ::(2019) 134 All LR 561 ::(2019) 2 All WC 1517 ::(2019) 2 ICC 129 ::(2019) 1 RenCR 278 ::(2019) 1 RentLR 251

Supreme Court Of India

(From: Allahabad)*

Hon'ble Judge(s): Abhay Manohar Sapre, Dinesh Maheshwari , JJ

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act (13 of 1972) , S.21(1)(a)— Eviction - Bona fide need - Concurrent findings that landlord's need for carrying business operation in suit house is bona fide, based on appreciation of evidence - Question whether tenancy is solely for residential purpose or for commercial purpose or for composite purpose is question of fact - Plea of maintainability of application under S. 21(1) (a) neither raised by tenant before prescribed authority nor before First Appellate Court - Such plea cannot be allowed to be raised for first time in writ appeal - Order of High Court interfering with concurrent findings entirely one new ground of maintainability of application under S. 21(1)(a), erroneous and set aside. Eviction - Bona fide need - Concurrent findings that landlord's need for carrying business operation in suit house is bona fide, based on appreciation of evidence - Question whether tenancy is solely for residential purpose or for commercial purpose or for composite purpose is question of fact - Plea of maintainability of application under S. 21(1) (a) neither raised by tenant before prescribed authority nor before First Appellate Court - Such plea cannot be allowed to be raised for first time in writ appeal - Order of High Court interfering with concurrent findings entirely one new ground of maintainability of applicat....