Abdul Rahim vs Srinivas Dyeing Works and Others

WE have perusedthe order ofthe Rent Controller, first appellate court as well asthe dcision ofthe High court. On perusal of thse orders we are ofthe opinion that there is no positive adjudication as to whetherthe plaintiff-respondent bona fide requiresthe premises in ques- tion for his occupation. In that view ofthe matterthe judgment and order ofthe High court cannot be sustained.the order ofthe High Court is set aside and matter is remanded back tothe said High court withthe direction thatthe High court will call for a finding bythe Rent Controller as to whether plaintiff-respondent requiresthe premises in question for his bona fide requirement having regard to ail aspects, and . will dispose ofthe appeal beforethe High court in accordance withthe law. In view ofthe matter thatthe dispute is pending for a long timethe High court is requested to make a quick disposai within a penod of six months from this date. For this purpose if it is necessarythe High court should call uponthe Rent ControUer to make positive finding as to whetherthe appellant/respondent requiresthe premises in question for bis bona fde requirement.the costs ofthe appeal shall abide bythe resuit inthe High court. Appeal is disposed of accordingly.