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SANGEETA K. VISHEN
Raginiben Hiralal Kuberdas Patel – Appellant
Versus
Ahmedabad Education Society – Respondent
ORDER :
Sangeeta K. Vishen, J.
1. Applicants are aggrieved by the judgment and order dated 06.04.2024 passed by the Appellate Bench, Small Causes Court, Ahmedabad in civil appeal no.102 of 2017 whereby, the appeal filed by the applicants has been rejected. In the appeal, subject matter of challenge, was the judgment dated 22.06.2017 passed in H.R.P. suit no.652 of 2005. Suit was filed by the respondent no.1, inter alia, for getting possession of the quarters in possession of the applicants.
2. Mr Viral V. Dave, learned advocate for the applicants, has submitted that the issue revolved around the quarter no.22 situated at city taluka Ahmedabad, village Vastrapur, final plot no.18 (hereinafter referred to as “the suit property”) of the ownership of the respondent no.1. The applicants are in possession of the suit property since last more than 50 years, as the husband of the applicant no.1 and father of the applicant nos. 2 and 3 (hereinafter referred to as “the deceased employee”), was working with the respondent no.2 and was paying the rent at the rate of Rs.70 per month inclusive of municipal tax. The rent was regularly being deducted from the salary of the deceased employee and even
The court established that service tenancies terminate upon cessation of employment, allowing landlords to reclaim possession without a formal tenancy agreement.
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.
A former employee's unauthorized retention of government quarters beyond the permissible period constitutes unlawful occupation, justifying eviction and recovery of related charges from pension benef....
Eviction can be lawfully executed under public premises legislation when occupancy after a specified period lapses, regardless of retention requests from a former government employee, allowing for re....
The main legal point established in the judgment is that concurrent findings of facts and law recorded by the lower courts cannot be interfered with unless they are found to be perverse to the extent....
The court established that tenancy obligations persist despite a fixed-term lease expiry, emphasizing proper compliance with eviction notices as crucial for tenant protection.
The main legal point established in the judgment is that the court has the jurisdiction to direct payment of admitted rent or usage charges during the pendency of a suit, and the landlord is entitled....
A landlord under the East Punjab Urban Rent Restrictions Act can seek eviction for non-payment of rent and bonafide necessity, regardless of ownership status, as long as the landlord-tenant relations....
Possession can be decreed under Order XII Rule 6 CPC when there is an admission of tenancy, despite disputes over rent or security. Lack of evidence supporting claims weakens the tenant's position.
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