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K. VINOD CHANDRAN, PARTHA SARTHY
Shyam Babu Sah – Appellant
Versus
State of Bihar – Respondent
Partha Sarthy, J.—Heard learned counsel for the petitioner and learned counsel for the respondent State of Bihar.
2. The petitioner has filed the instant application for the following reliefs:—
“(i) For an appropriate writ/order/direction, declaring the provisions of Section 11(1)(c) proviso of Bihar Building (Lease, Rent and Eviction) Control Act, 1982 as illegal, ultra vires and unconstitutional, be issued;
(ii) An appropriate writ/order/direction, declaring the aforesaid proviso, unworkable in the absence of any guideline either under the Act or Rules explaining the word "Think", be issued;
(iii) An appropriate writ/order or direction, declaring the proviso being violative of Article 14, 21 & 300A of the Constitution as unconstitutional;
(iv) Any other writ/order/direction which is found proper by this Hon'ble Court to which the petitioner is found entitled, be issued.”
3. Mr. Yogendra Mishra, learned Senior counsel for the petitioner challenging the validity of proviso to Section 11(1) (c) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as ‘the Act’) submits that section 11 of the Act prescribes the grounds for eviction of a tenant and one
A classification between residential and commercial buildings in a rent control law is arbitrary and violative of Article 14 of the Constitution of India if there is no nexus between the classificati....
The main legal point established is the requirement for a genuine, honest, and bona fide need of the landlord for eviction, as well as the mandatory consideration of partial eviction under the Bihar ....
The landlord's assessment of personal necessity is paramount, and courts should not interfere unless findings are perverse or unsupported.
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