Back
SUPRATIM BHATTACHARYA
Atanu Banerjee – Appellant
Versus
Lalta Prasad Jaiswal – Respondent
JUDGMENT :
Supratim Bhattacharya, J.
1. The instant lis has arisen in the year 1993 as such, the instant case is governed by the West Bengal Premises Tenancy Act, 1956 (hereinafter to be referred to as the WBPT Act, 1956). Being aggrieved by the judgment passed in the Title Appeal No. 2 of 2006 by the Ld. Civil Judge (Sr. Divn.) Small Causes Court, Sealdah, South-24-Parganas, the instant Second Appeal has been preferred.
2. Facts before the Trial Court Initially in the year 1993 a notice of eviction dated 08.04.1993 was issued by the then Ld. Counsel of Dhananjoy Banerjee, the original landlord in the suit property, since deceased, the father of Bimal Kumar Banerjee and Nirmal Kumar Banerjee and the grand-father of Atanu Banerjee who is one of the appellants at present.
The respondent/defendant namely Lalta Prasad Jaiswal, the tenant in respect of the suit property, neither surrendered the said property nor handed over the vacant possession of the said property to the then landlord, as a result the landlord was compelled to institute the instant lis.
The plaint was initially filed praying for eviction of the tenant on the ground of reasonable requirement and also on the ground for being
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.
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 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 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 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....
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
