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RAJESH S. PATIL
Ajmera Enterprises – Appellant
Versus
Dilipkumar Rameshchandra Patel – Respondent
JUDGMENT :
This Civil Revision Application challenges impugned judgment and decree dated 30 September, 2021 passed by the Appellate Court on the ground of ‘non-user’.
2. The suit premises is a commercial premises i.e. Room No.C/ F1, 1st Floor, ‘C’ Building on Plot No. 1, Prabhat Nagar, admeasuring 3,600 sq. ft. situated at Jogeshwari, Mumbai, in a building which is ground plus two storey. The suit premises is on the first floor. Admittedly, as of today there is no electricity in the suit premises.
3. The suit was filed by the landlord for eviction on the ground of non-user of the suit premises, which is a commercial premises. The Trial Court framed two Issues. The first issue was regarding ‘non-user’ of the suit premises, and second issue was ‘whether the plaintiffs were entitled to file a suit for possession?’ The Trial Court answered Issue no.2 in favour of the plaintiffs/landlords and held that the plaintiffs had a right to file a suit. As regards the issue of ‘non-user’, the same was answered in negative and the Trial Court dismissed the suit.
4. The original plaintiffs/landlords filed an appeal before the Division Bench of the Court of Small Causes challenging the findings recorde
The main legal point established in the judgment is that the suit for eviction was maintainable even if filed by two members of 'Association of Persons', and the plaintiff had succeeded in proving th....
Tenancy subsists post-building demolition under rent laws as demise includes land; bona fide eviction need assessed at suit filing survives unless subsequent events completely eclipse it; non-user pr....
The plaintiff in a tenancy dispute must prove non-use of the property for over six months to recover possession; the defendants failed to meet this burden, affirming the plaintiff's claims.
The court established that in eviction proceedings under the Bombay Rent Act, the landlord's title is irrelevant; only the landlord-tenant relationship needs to be proven.
The landlord's bona fide requirement for eviction is established even if he owns other properties, and the tenant cannot dictate the landlord's use of his properties.
The main legal point established in the judgment is that an eviction petition can be maintained by one co-owner with the consent of other co-owners, and objections raised by co-owners must be genuine....
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