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KHATIM REZA
Som Nath Mukherjee – Appellant
Versus
Atul Kumar Sinha – Respondent
Khatim Reza, J. – Heard Mr. R. S. Ganguly, learned counsel for the petitioner and Mr. Jitendra Kishore Verma assisted by Mr. Shreyash Goyal, learned counsel for the opposite parties.
2. This Civil Revision application has been filed under Section 14(8) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as BBC Act) against the judgment and decree dated 31.08.2010 passed by learned Munsif- 1st, Darbhanga in Eviciton Suit No. 9 of 2004 by which eviction of the defendant/petitioner has been sought from the suit premises on the ground of personal necessity alone, which was decreed by the learned Munsif- Ist, Darbhanga upon finding that there exists relationship of landlord and tenant between the plaintiff and defendants and that the plaintiff has been able to prove the personal necessity as pleaded and also decided the question of partial eviction in favour of plaintiff.
3. The case of the plaintiff is that the land and house bearing Holding No. 33(old) / 673 (New) is standing over Municipal Plot no. 29272. The description of the suit land was mentioned in Schedule-1 of the plaint which was acquired by Late Bhuwaneshwar Prasad, the father of the pl
Transferee landlord can evict for personal necessity without attornment; unproven tenant-prior agreement to sell does not end tenancy; revisional court examines only legality, not reappreciates facts....
A tenant's purchase of an undivided share does not extinguish the landlord-tenant relationship, allowing eviction proceedings to continue.
The court concluded that a landlord does not need formal attornment to establish a tenant's obligation after property transfer, emphasizing the need must be bona fide.
The main legal point established in the judgment is the landlord's right to choose the premises for personal necessity and the onus of proving bonafide requirement, as well as the inability to satisf....
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