Om Prakash v. Basanthilal, (SC) BS192580
SUPREME COURT OF INDIA

Before:- V.N. Khare and N. Santosh Hegde, JJ.

Civil Appeal No. 536 of 2001. D/d. 12.01.2001.

Om Prakash - Appellant

Versus

Basanthilal - Respondent

Civil Procedure Code, 1908 Section 115 (2) Eviction petition on the ground of Bona fide need - While deciding a revision petition and remanding it - Court not to make observations touching merits of case - Appeal allowed with directions.

[Para ]

JUDGMENT

Leave granted.

2. The tenant is in appeal before us. The respondent-landlord filed a petition before the Rent Controller for eviction of the appellant herein on the ground of his bona fide need. The Rent Controller dismissed the petition. The landlord thereafter preferred an appeal which was also dismissed. The revision petition filed by the landlord was allowed by the High Court. The tenant thereafter challenged the judgment of the High Court by means of a special leave petition in this Court. This Court after granting leave allowed the civil appeal and sent the case back to the High Court for decision on merits. On remand, the High Court disposed of the revision petition filed by the landlord by remanding the case to the Appellate Authority for deciding the appeal filed by the landlord.

3. Learned Counsel, appearing for the appellant, urged that the High Court while deciding the revision petition has touched upon the merits of the case and in view of the observation and finding recorded by the High Court, nothing is left to be decided by the First Appellate Court except to allow the appeal filed by the landlord.

4. We have looked into the judgment and find that, while deciding the revision petition, the High Court has made observation on the merits of the matter, which appears to us to have a binding effect on the First Appellate Court. While upholding the order of the High Court, we clarify that any observation made by the High Court touching upon the merits of the matter will not come in the way of the parties before the Appellate Court. The Appellate Court shall decide the appeal expeditiously without being influenced by any observation made by the High Court in revision petition.

5. The appeal is disposed of in the aforesaid terms. There shall be no order as to costs.

Appeal disposed of with directions.