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ARAVIND KUMAR, J. K. MAHESHWARI
Saroj Porwar (dead) through lrs. – Appellant
Versus
Jugal Kishore – Respondent
| Table of Content |
|---|
| 1. appellant's claim for bona fide need. (Para 2 , 3) |
| 2. prior rulings on bona fide need and hardship. (Para 4) |
| 3. affidavit detailing the changed circumstances. (Para 5) |
| 4. arguments on the validity of the need. (Para 6 , 7) |
| 5. bona fide need upheld despite previous complications. (Para 8) |
| 6. restoration of previous order granting landlord's request. (Para 9) |
| 7. conclusion and order to grant time for eviction. (Para 10) |
ORDER :
1. Leave granted.
2. The appellant, who is the landlord, is questioning the judgment dated 1.9.2021 passed by the High Court of Judicature at Allahabad in Writ Petition-A No. 20137 of 2010 wherein the High Court affirmed the judgment dated 16.01.2010 passed by the Additional District Judge, Ferozabad in P.A. Appeal No. 65 of 2008 which reversed the order passed by the Rent Controller.
3. The parties are referred to as per the rank before the rent controller. The petitioner landlord filed a petition under Section 21 (1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 on the ground of bona fide need and comparative hardship which came to be allowed and said order dated 18.07.2008 passed by the Rent Controller came to
The court upheld that the prior rejection of eviction does not bar a legitimate subsequent application based on evolving needs.
Eviction of tenant on the ground of bona fide need of landlord – Landlord is the best Judge to decide which of his property should be vacated for satisfying his particular need – Tenant has no role i....
The financial condition of the landlord does not determine the bona fide need for accommodation.
The death of a landlord necessitates that a legal heir must establish their own bonafide requirement for premises independently, distinguishing it from the deceased's claims.
The landlord's bona fide requirement for additional living space for a growing family takes precedence over a tenant's claim to a property used occasionally for health benefits.
Eviction of tenant – Bona fide requirement for occupation of landlord has to be liberally construed and, as such, even requirement of family members would be covered.
Bona fide requirement for eviction is determined by the landlord's genuine need, not dictated by tenant's preferences.
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