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IN THE HIGH COURT OF JUDICATURE AT PATNA
KHATIM REZA
Binod Kumar, Son of Late Manik Chand Chaurashiya – Appellant
Versus
Rajendra Prasad, Son of Late Harsewak Prasad – Respondent
ORDER :
KHATIM REZA, J.
Heard Mr. J.S. Arora, learned senior counsel assisted by Mr. Rakesh Kumar, learned counsel for the defendants/appellants and Mr. Nagendra Rai, learned counsel for the plaintiff/respondent.
2. This Second Appeal has been filed against the judgment of affirmance passed by learned Additional District Judge-XIII, Saran at Chapra, on 09.01.2025 in Eviction Appeal No. 2 of 2023 whereby, the judgment and decree dated 18.09.2023 passed by the learned Sub-Judge-XIII, Saran at Chapra, in Eviction Suit No. 01 of 2016 has been upheld. The plaintiff/respondent had filed the suit for eviction on the ground of personal necessity and default in payment of rent from October, 2015 till filing of the suit and also for arrears of rent for nine months at the rate of Rs. 10,000/- per month total amounting to Rs. 90,000/-.
3. The case of the plaintiff, in short, is that Holding No. 605 is ancestral property and Holding No. 604 is self- acquired property of the father of the plaintiff/respondent. The father of the plaintiff was Mokhtar and acquired so many lands and houses. Both the aforesaid holdings were in one bloc having an area of 10,000 Sq. ft. i.e. approx 7 Kattha land, wherein,
The existence of a landlord-tenant relationship is established by unchallenged ownership, while denial of title by a tenant does not negate eviction rights against unproven claims.
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 this judgment is that a landlord can seek eviction of a tenant if the tenant has committed default in payment of rent and the landlord has a bonafide and reasonabl....
Tenancy and Land Lord - Bona fide & ‘need’ - If a landlord is in genuine and bona fide need of a tenanted portion, tenant cannot legally raise the issue that space available with landlord is adequate....
Tenancy and Land laws - Eviction - There is nothing that petitioners have been able to bring forth to indicate that finding has been arrived at by a misreading of facts or omitting relevant evidence ....
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 case established the importance of evidence in establishing the relationship of landlord and tenant, and the liability for non-payment of rent under the Bihar Building (Lease, Rent & Eviction) Co....
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