Revisional jurisdiction cannot reopen concurrent findings on bona fide need unless they are perverse or arbitrary.

In revisional jurisdiction, concurrent findings of fact supported by evidence cannot be reappreciated merely to replace one view with another on bona fide requirement. The Rent Controller and the Appellate Authority had rejected eviction after considering the landlord's existing accommodation and residence, and those findings were not shown to be perverse or arbitrary. The Supreme Court held that the High Court was not justified in upsetting those concurrent findings or ordering eviction on a fresh assessment of evidence. The eviction petition therefore remained rejected.

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Issues: Whether the High Court, in exercise of revisional jurisdiction, was justified in reappreciating evidence and upsetting the concurrent findings of the Rent Controller and the Appellate Authority on the alleged bona fide requirement of the premises.

Analysis: The eviction petition had been rejected by both the Rent Controller and the Appellate Authority on a concurrent appraisal of the evidence, including the landlord's existing accommodation and place of residence, which led them to conclude that the claimed need was not genuine. The revisional court interfered and ordered eviction on a fresh assessment of the evidence. The Court held that where concurrent findings of fact are supportable on the material on record and are neither perverse nor arbitrary, revisional jurisdiction does not permit an independent reappraisal of evidence merely to substitute another view on bona fide need.

Conclusion: The High Court was not justified in interfering with the concurrent findings rejecting bona fide requirement, and its order of eviction could not be sustained.

Final Conclusion: The eviction petition remained rejected and the tenant succeeded in appeal.

Ratio Decidendi: In revisional jurisdiction, concurrent findings of fact supported by evidence cannot be supplanted by a fresh reappreciation of the record unless they are shown to be perverse or arbitrary.

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