Bona fide reconstruction claim and limited revisional interference: eviction failed where concurrent findings were not reasoned away.

A claim for eviction on the ground of reconstruction must be bona fide on the whole evidence, including the condition of the building, the landlord's means, and the need to rebuild; a mere assertion of intention is insufficient. The concurrent findings below treated the building as sound and the landlord as lacking means to reconstruct, so bona fides was not established. In revision, a court cannot overturn concurrent factual findings without a reasoned demonstration of error or impropriety. On that basis, the revisional interference was held unwarranted and the tenants' relief was restored.

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Issues: (i) Whether the landlord's claim for eviction for re-erection or replacement of the building was bona fide within the meaning of section 13(3)(a)(iii) read with section 13(3)(b) of the relevant rent restriction law. (ii) Whether the High Court, in revision, was justified in reversing concurrent findings of the Controller and appellate authority without adequate re-appraisal of the evidence.

Issue (i): Whether the landlord's claim for eviction for re-erection or replacement of the building was bona fide within the meaning of section 13(3)(a)(iii) read with section 13(3)(b) of the relevant rent restriction law.

Analysis: The statutory scheme required the Controller to be satisfied that the landlord's claim was bona fide before an order for eviction could be made. Bona fides could not be tested merely by the landlord's assertion of an intention to reconstruct; the surrounding circumstances, including the condition of the building, the landlord's means, and the reality of the need for reconstruction, had to be considered. The concurrent authorities had found that the building was in good condition and that the landlord had no means to rebuild it.

Conclusion: The landlord's claim was not shown to be bona fide on the evidence accepted by the two Tribunals below.

Issue (ii): Whether the High Court, in revision, was justified in reversing concurrent findings of the Controller and appellate authority without adequate re-appraisal of the evidence.

Analysis: A revisional court could interfere only by demonstrating error or impropriety in the concurrent findings. The High Court reversed those findings without discussing the evidence or showing why they were erroneous. On the facts, the revisional power did not extend to such reversal in the absence of a reasoned reassessment.

Conclusion: The High Court was not justified in overturning the concurrent findings in revision.

Final Conclusion: The eviction order made by the High Court could not stand, and the appellate authority's order in favour of the tenants was restored.

Ratio Decidendi: A claim for eviction on the ground of reconstruction must be bona fide in light of all surrounding circumstances, and a revisional court cannot reverse concurrent findings of fact without a reasoned demonstration of error in those findings.

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