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A. S. SUPEHIA
Devchand Lalchand Agraval Since Decd. Thro His Heirs – Appellant
Versus
Ramchand Muljibhai Kachhva Decd. Thro Heirs – Respondent
JUDGMENT :
1. The present revision application is filed under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the “Rent Act”) against the judgment and order dated 16.10.2003 passed by Court of 2nd Joint District Judge, Banaskantha at Deesa in Regular Civil Appeal No.54 of 1995 confirming the judgment and order dated 29.11.1995 passed by Civil Judge, (J.D.), Deesa in Regular Civil Suit No.73 of 1984.
2. In the judgment, the parties will be referred as per their original status.
3. The plaintiff instituted Regular Civil Suit No.73 of 1984 against the defendant nos.1 and 2 for possession of the suit premises and for recovery of Rs.1,038/- towards the arrears of rent and mesne profits on the grounds of - (i) arrears of rent for 06 (six) months; (ii) sub-letting and (iii) reasonable and bona fide requirement.
3.1. The Trial Court, after examining the evidence - both oral as well as documentary, dismissed Regular Civil Suit No.73 of 1984 by judgment, order and decree dated 29.11.1995. The same was challenged by the plaintiff by filing Regular Civil Appeal No.54 of 1995, which was dismissed by the judgment and order dated 16.10.20
The tenant's acquisition of alternative accommodation under Section 13(1)(l) of the Rent Act justified eviction, with the principle of greater hardship being irrelevant in this context.
The plaintiff in a tenancy dispute must prove non-use of the property for over six months to recover possession; the defendants failed to meet this burden, affirming the plaintiff's claims.
Important Point : The court upheld the eviction decree based on unlawful subletting and unauthorized structural alterations, interpreting lease provisions to restrict successive subletting without la....
Under Section 115 of Code a jurisdictional question may arise not only where Court acts solely without jurisdiction but also in a case where jurisdictional errors are committed while exercising juris....
A landlord seeking eviction for demolition and reconstruction under the Maharashtra Rent Control Act must comply with specific statutory requirements, including providing equivalent carpet area to th....
Landlords failed to prove bona fide need for eviction under the Kerala Buildings Act, as necessary evidence was not presented, leading to restoration of the Rent Control Court's decision.
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