when civil suit for eviction became final, basing on the permission given by slum Authorities – it can not be questioned byway of writ without pleading his case in civil suit =In Vidarbha part of the State of Maharashtra, before the enactment of Maharashtra Rent Control Act, 1989, there had to be two rounds of litigation to seek eviction of a tenant. The first round had to be before the Rent Controller seeking permission to issue a quit notice under Section 108 of the Transfer of Property Act. If such permission was granted, then only the landlord could issue a notice of termination of tenancy and file a civil suit seeking eviction of a tenant. In the present case the first roundbefore the Rent Controller was gone into. Bona fide need as a ground for eviction may, in a given case, have an additional facet of comparative hardship and whether the tenant has any alternative accommodation or not. In any case, the matter had attained finality. The permission was granted by the Rent Controller and the civil suit was filed only thereafter in which an objection was taken that the premises being governed by the provisions of the Act, the requisite permission of the Slum Authority was mandatory In the proceedings so initiated the Slum Authority granted that permission. The matter was carried in appeal and the issue whether the requirements under Section 22(4) of the Act stood satisfied or not was also considered by the Appellate Authority. It must also be noted that the Civil Suit seeking eviction also attained finality. In the circumstances, the view that weighed with the High Court was not correct. The respondent had opportunity at every stage to present his case and whether the requirements of Section 22(4) of the Act stood satisfied or not was a matter which was dealt with by the Appellate Authority in sufficient detail. In the circumstances there was no reason for the High Court to interfere in its jurisdiction under Article 227 of the Constitution of India.
Civil Appeal NO. __ of 2019 @ SLP(C) No. 10469 of 2016 Kumud w/o Mahadeorao Salunke vs. Shri Pandurang Narayan Gandhewar Through Lrs. & Ors. 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APP…
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