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I. P. MUKERJI, BISWAROOP CHOWDHURY
Jayanti Mali – Appellant
Versus
Jaganath Proshad Singh – Respondent
JUDGMENT
I.P. Mukerji, J.
This second appeal under Section 100 of the Code of Civil Procedure came up before us for admission. A second appeal can only be admitted by the High Court only if a substantial question of law is involved in the impugned judgment and decree.
To convince us that the intended appeal was worthy of admission, Mr. Gautam Chakraborty learned advocate for the appellant, with great vigour, took us through the facts of the case. He tried to impress upon us that the dealing of the issues involved by both the learned courts below was such that their judgments and decree could be termed as perverse. Furthermore, the application of law by them was so erroneous that a substantial question of law could be said to have arisen from the impugned judgment and decree.
The suit is of 1999. It is between landlord and tenant. The ground of reasonable requirement was added to the plaint by amendment. The main question in the suit and before the first appellate court was whether the landlord reasonably required the premises let out to the tenant for residence or business. If the answer to this question was in the affirmative, the other question whether he had any reasonable and suita
The landlord's requirement for eviction must be reasonable and adjudged by common standards, and it must continue to exist at the time of the final disposal of the proceeding.
The landlord's genuine requirement for additional accommodation for personal use entitles the landlord to use it as best suits the requirement, and subsequent events may be considered to have oversha....
The landlord's bona fide requirement for eviction must be assessed based on actual living conditions and the suitability of alternative accommodations.
The central legal point established in the judgment is that the reasonable requirement of the landlord for the suit premises, including the accommodation of his married daughter and son-in-law, shoul....
The requirement of the landlord for eviction must be judged based on the circumstances at the time of filing the petition, and subsequent events do not affect the bonafide need established by the lan....
Landlords must provide credible evidence of genuine and bona fide requirements for eviction; mere assertions are insufficient.
The judgment establishes the principles of bonafide requirement and comparative hardship in the context of eviction under the Maharashtra Rent Control Act, 1999.
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