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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
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 which the suit was decreed upon finding that relationship of landlord and tenant between the plaintiffs and defendant exists and that the plaintiffs have been able to prove the ground of personal necessity as pleaded.
3. The case of the plaintiffs, in brief, is that the defendant-petitioner who was a tenant in the disputed premises having a small area of 1 dhur 12 dhurkis with a dimension of 9 ft 6 inch in width and 11 ft 6 inches in depth (in length) having a total area of 109.25 Sq. ft. at a rental of Rs. 800/- per month. The original owner was in dire need of money and as such, he sold the suit property to the plaintiffs thr
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.
The landlord's assessment of personal necessity is paramount, and courts should not interfere unless findings are perverse or unsupported.
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 ....
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