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(2006) 3 MLJ 360 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : S. Rajeswaran, J.
Case Number(s) : C.R.P. (NPD)No. 545 of 2006.
Judgement Date :
Monday 19th of June 2006
| Chellammal | .....Appellant(s) | | Versus | | | Krishnaveni Animal | .....Respondent(s) |
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(A) Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960), Section 10(3)(a)(i) — Residential Premises — Requirement on the ground of own use and occupation — Landlady represented by Power of Attorney — Power deed also containing a clause to sell the petition premises — Such a clause enabling the Power of Attorney to sell the petition premises, raises genuine doubt as to the bona fide of the landlady — Evidence discloses that there is no bona fide requirement — Landlady not entitled for an order of eviction.
(B) Civil Procedure Code (5 of 1908), Order 3, Rules 1 and 2 — Rent Control Proceedings — Landlady represented by Power of Attorney — Requirement of premises for own use and occupation — Power of Attorney cannot depose on behalf of the landlady, in respect of matters, of which only the landlady can have personal knowledge — If principal/landlady is unable to appear in Court, even a commission for recording her evidence could be issued.
(C) Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960), Section 25 — Revision — Power of High Court — Normally High Court will not interfere with concurrent findings based on evidence — When both the authorities have overlooked factual material and transgressed the governing principles relating to the bona fide requirement, High Court will interfere in Revision.
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Ratio(s) Decidendi
“Landlady’s requirement on the ground of own use and occupation will not be bona fide, when the landlady had executed Power of Attorney to sell the tenement”.
“Power of Attorney cannot depose in respect of matters, in which only his principal can have personal knowledge”.
“When the lower authorities have overlooked facts and transgressed the governing principles relating to bona fide requirement, High Court will not hesitate to upset concurrent findings”.
Cases Referred
Adil. Jamshed Frenchman v. Sardar Dastur Schools Trust 2005 [2] SCC 476
Jagatrakshagan v. Futaree Bai : 1999 [3] M.L.J. 303
Jameema Beevi v. Easwarlal Patel : 1979 [2] M.L.J. 355
Janki Vashdeo Bhojwani v. Indusind Bank, Ltd. AIR 2005 SC 439
Palaniappa Chettiar v. Simen George : 1983 [2] M.L.J. 354
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