Back
SUPRATIM BHATTACHARYA
Paritosh Santra – Appellant
Versus
Dipali Sarkar – Respondent
JUDGMENT :
Supratim Bhattacharya, J.
1. Against the order passed by the Ld. Additional District Judge 9th Court Alipore, Sourt 24 Parganas, on 3rd of March, 2016 in the Ejectment Appeal no. 15 of 2015 the landlords/plaintiffs/appellants have preferred the instant appeal.
2. The appellants herein were the plaintiffs before the Ld. Trial Court and the respondents before the Ld. First Appellate Court while the respondent herein was the defendant before the Ld. Trial Court and the appellant before the Ld. First Appellate Court.
3. Facts of the instant lis As stated in the plaint, the appellants/plaintiffs are brothers and sisters who are the owners of the suit premises measuring 1 cottah 5 chitaks 36 sq. ft. of land having a single storeyed brick built tin shaded house consisting of one room, a kitchen, one verandha and four shop rooms being premises no. 23, Kaliprasanna Chatterjee Lane, and Municipal Corporation Premises No. 29 Kaliprasanna Chatterjee Lane, PS Behala, Kolkata -700034, South -24-Parganas. In the suit premises there are four shop rooms out of which two of those are in possession of the appellants/landlords while the third one is in possession of a tenant running a press whi
Landlords must provide credible evidence of genuine and bona fide requirements for eviction; mere assertions are insufficient.
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 bona fide requirement for landlord's premises must be substantiated with evidence, and landlords retain the right to determine their needs for personal or business use.
The landlord's bona fide requirement for eviction must be assessed based on actual living conditions and the suitability of alternative accommodations.
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....
The landlord is obligated to plead and prove the availability of alternate accommodation and its unsuitability for the alleged need, as per the provisions of section 12(1)(f) of the Accommodation Con....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
