SUPREME COURT OF INDIA
G.L.Oza : Sabyasachi Mukharjee
State Of Rajasthan
Versus
Kanhaiya Lal
Case No. : 3404 of 1987
Date of Decision : 11/17/87
Appeal against conviction – Tenant - Order of High court is set aside subject to following condition that school which is being sought to be evicted by virtue of the order of eviction made before High court and trial court is run by the government of Rajasthan - Only ground on which the eviction order has been passed is the ground of default in payment of rent - In interests of justice inasmuch as school is being run by the Education Department, government of Rajasthan therefore it would not be appropriate to uphold that order when the appellants are willing to offer and to pay all arrears of rent – Held, There was however, another ground, that is to say the ground of bona fide need of the landlord too, that fact has not been gone into - Proper order insofar as the order of eviction on default in payment of rent, would be to set aside the High courts order but the suit to proceed before the learned trial judge on the question of bona fide need and the learned judge will hear and decide the same as expeditiously as possible and preferably within a period of six months from today. Until the disposal of the suit the appellants will pay the enhanced rent first of such payment shall be made and subsequent payment shall be paid by the tenth of each succeeding month - Appeal is disposed of
(1) SPECIAL leave granted.
(2) THE order of the High court is set aside subject to the following condition that the school which is being sought to be evicted by virtue of the order of eviction made before the High court and the trial court is run by the government of Rajasthan. The only ground on which the eviction order has been passed is the ground of default in payment of rent. In the interests of justice inasmuch as school is being run by the Education Department, government of Rajasthan, therefore, it would not be appropriate to uphold that order when the appellants are willing to offer and to pay all arrears of rent. There was, however, another ground, that is to say the ground of bona fide need of the landlord too, that fact has not been gone into. The proper order insofar as the order of eviction on default in payment of rent, would be to set aside the High courts order but the suit to proceed before the learned trial judge on the question of bona fide need and the learned judge will hear and decide the same as expeditiously as possible and preferably within a period of six months from today. Until the disposal of the suit the appellants will pay the enhanced rent Rs 500 per month. The first of such payment shall be made from 1/11/1987 and subsequent payment shall be paid by the tenth of each succeeding month. If the appellants so desire they can move the court for fixation of rent but in no case the standard rent will not be less than Rs. 500.00 per month.
(3) THE appeal is disposed of accordingly.
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