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2024 Supreme(Guj) 1951

J. C. DOSHI
MANJULABEN BHIKHABHAI SIKLIGAR – Appellant
Versus
GAYATRIBEN MOHITKUMAR SONI – Respondent


Advocates:
Advocate Appeared:
For the Appellants : DHRUV H. PANCHAL, SNEHA A. JOSHI
For the Respondent: UMARFARUK M. KHARADI

Judgement Key Points

The legal judgment clearly establishes that the primary ground for eviction in this case is the tenant's acquisition of suitable alternative accommodation, which is a relevant and decisive factor under the applicable Rent Act provisions. The courts rightly focused on whether the tenant had acquired such accommodation, and it was conclusively proved that she had purchased and constructed a house with amenities, deemed suitable for her needs (!) (!) (!) .

Furthermore, the principle of greater hardship, which is relevant only when eviction is sought on the grounds of personal requirement under section 13(1)(g), is not applicable in this scenario since the landlord's eviction ground is based on section 13(1)(l), relating to the tenant's acquisition of alternative residence (!) (!) .

The legal framework emphasizes that the act of acquiring or building a suitable residence by the tenant automatically triggers the landlord's right to recover possession, without the necessity to consider the tenant's hardship or inconvenience (!) (!) . The evidence on record supports that the tenant's alternative accommodation is suitable and has been acquired by her own right, which satisfies the legal requirements for eviction under the relevant section (!) (!) (!) .

The argument that the tenant suffers greater hardship by being evicted from her existing residence is not legally relevant in this context, given the statutory provisions and the evidence demonstrating her acquisition of suitable alternative accommodation (!) (!) .

In conclusion, the courts below correctly applied the law, focusing on the critical fact that the tenant had obtained suitable accommodation, which legally mandates eviction. The concurrent findings are supported by substantial evidence, and the scope for judicial interference is limited. Therefore, the revision application lacks merit and is rightly dismissed (!) (!) .


JUDGMENT :

J.C. DOSHI, J.

1. With the consent of learned advocates for both the sides, the present Revision Application is taken up for final hearing at admission stage.

2. This Revision Application under section 29 of the Bombay Rents, Hotel and Lodging House Rates Control Act (for short “the Rent Act”) challenges the judgment and finding arrived at in Regular Civil Suit No. 20 of 2004, whereby, learned Additional Civil Judge, Devgadhbaria by judgment and decree dated 31.12.2013 while allowing the suit of the landlord directed tenant to hand over peaceful and vacant possession of suit premises within 90 days on the ground that tenant has acquired suitable accommodation. In Regular Civil Appeal No. 49 of 2017 filed before learned Additional District Court, Limkheda at Dahod, the Revisionist-tenant lost appeal. Learned Appellate Court by judgment and order dated 17.05.2021 confirmed and approved judgment and order passed by the learned Trial Court.

3. Being aggrieved and dissatisfied with the concurrent findings arrived by learned Courts below, tenant is before this Court by way of present Revision Application.

4. The Revisionist/defendant is tenant and respondent is landlord-plaintiff.

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