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IN THE HIGH COURT OF JUDICATURE AT PATNA
KHATIM REZA
Manoj Kumar, S/o Late Gulab Chand Prasad – Appellant
Versus
Kuldeep Gupta @ Vishal Gupta, son of Suresh Prasad – Respondent
| Table of Content |
|---|
| 1. tenanted premises sold to plaintiffs; defendant claims prior sale agreement. (Para 2 , 3 , 4) |
| 2. trial court found tenancy, ownership, bona fide necessity proved. (Para 5 , 6 , 7 , 8) |
| 3. agreement to sell ends landlord-tenant relationship. (Para 9 , 10) |
| 4. bona fide personal necessity; tenant used delay tactics. (Para 11 , 12 , 13) |
| 5. transferee landlord without attornment or tenant consent. (Para 14 , 15) |
| 6. necessity proved; tenant raised no partial eviction. (Para 16 , 17 , 18) |
| 7. revisional court bars evidence reappreciation. (Para 19) |
| 8. no jurisdictional error; eviction decree upheld. (Para 20 , 21 , 22 , 23) |
JUDGMENT :
Heard Mr. Rajesh Kumar Singh, learned senior counsel assisted by Mr. Dhananjay Kumar Tiwari, learned counsel for the petitioner and Mr. Jitendra Prasad Singh, learned senior counsel assisted by Mr. Abhishek, 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 01.12.2023 passed by learned Sub Judge-II, Saran at Chapra, in Eviction Suit No. 11 of 2012 by
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....
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 court affirmed that a landlord must prove bona fide personal necessity for eviction, and failure to assert partial eviction undermines the tenant's defense.
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