SUPREME COURT OF INDIA

Before:- V.N. Khare and N. Santosh Hegde, JJ.

Civil Appeal No. 6083 of 2000, Arising out of SLP (C) No. 8891 of 2000. D/d. 30.10.2000.

Narain Singh Alias Nandu - Appellant

Versus

Chameli Bai (Smt) - Respondent

Civil Procedure Code, 1908, Section 115 - Ejectment on ground of bona fide requirement - Revision by tenant - Judgment dismissing revision petition, held, must give reasons.

[Para 2]

ORDER

V.N. Khare, J. - Leave granted.

2. This appeal is directed against the judgment of the High Court dismissing the revision filed by the appellant tenant. The respondent landlady filed an application for eviction of the appellant herein on the ground of bonafide need. The appellant tenant filed a written statement wherein one of the pleas taken was that the need of the landlady was not bonafide as immediately prior to the filing of the application, she had let out one shop to another tenant. The trial court allowed that application and directed the eviction of the appellant tenant. The appellant tenant, thereafter, filed a revision before the High Court. The High Court dismissed the revision without giving any reason. This Court, time and again, has observed that the High Court while dismissing the petition is required to give reasons. Since no reason has been given, the judgment under challenge deserves to be set aside. We, therefore, set aside the order under challenge and remand the case to the High Court to decide the same on merits.

3. The appeal is allowed. No costs.

Appeal allowed.