Case: KALPANA VYAS Vs. RAJ KUMAR RANGWANI

3. The issue involved in the appeal is short, as also the facts of the case lie in a narrow compass, which would be clear from the narration infra.4. The appellant is the applicant, whereas the respondent is the non¬applicant in the eviction petition filed by the appellant against the respondent before the Rent Control Tribunal, Rajasthan out of which this appeal arises.5. The appellant ¬ a landlady of the suit premises filed the eviction petition against the respondent¬ tenant of the suit premises under Section 9 of the Rajasthan Rent Control Act (for short called The Act) before the Rent Tribunal Kota (R¬84/2005) praying therein for respondents eviction from the tenanted suit premises.6. The appellant claimed respondents eviction from the suit premises on the ground of her personal bona fide need for raising construction in the existing suit premises to be used for her children and for stay of appellants guest in the suit premises.      7. The respondent denied the appellants need and, inter alia, contended that the appellant is in possession of an alternative accommodation in the city and hence her alleged need set up in the eviction petition can be accomplished by using the alternative accommodation available in the city.8. By order dated 8.2.2011, the Rent Tribunal dismissed the appellants eviction petition holding that appellants need can be accomplished with an alternative space available with her in the city.9. The appellant (landlady) felt aggrieved and filed an appeal (144/2014) before the Appellate Tribunal. The Appellate Tribunal by order dated 12.2.2015 allowed the appeal, set aside the order of the Rent Tribunal, decreed the appellants eviction petition and passed the eviction decree against the respondent, in relation to the suit premises.10. The respondent (tenant) felt aggrieved and filed writ petition before the High Court of Rajasthan (Jaipur). By impugned order, the learned Single Judge allowed the respondents writ petition and set aside the order of the Appellate Tribunal and restored the order of the Rent Tribunal which gives rise to filing of the special leave to appeal in this Court by the landlady.

Reasoning:
13. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal, modify the impugned order and remand the case to the Rent Appellate Tribunal for deciding the appeal (144/2014) afresh on merits.14. In our opinion, the need to remand the case to the Rent Appellant Tribunal has occasioned because the High Court, while allowing the respondents writ petition, came to a conclusion and accordingly held that the Rent Appellate Tribunal allowed the appellants (landladys) appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need.15. Having held that, the High Court had two options: first either to remand the case to the Rent Appellate Tribunal for deciding the appeal afresh on merits in accordance with law and second, to decide the matter itself on merits in accordance with law.16. Since the High Court heard the matter in its writ jurisdiction under Article 227 of the Constitution, it was not possible to examine the issue on facts in detail like an Appellate Court. It is for this reason, in our view, the High Court ought to have resorted to first option and remanded the case back to the Rent Appellate Tribunal for deciding the appeal afresh on merits in accordance with law.17. The High Court, therefore, committed an error in not taking recourse to any option and without deciding the issue arising in the case on its merit, simply restored the order of the Rent Tribunal.18. This approach of the High Court caused prejudice to the appellant (landlady) because there was no factual finding recorded either by the first appellate Court or the High Court on the question of bona fide need.