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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Legal Heir Of Deceased Ratilal Laljibhai Kanaiyalal Ratilal Vanand – Appellant
Versus
Ramchandra Golibhai Koshti – Respondent
| Table of Content |
|---|
| 1. overview of eviction proceedings and tenant's claims. (Para 2 , 3) |
| 2. arguments regarding the jurisdiction and validity of tenancy. (Para 5 , 6) |
| 3. court's observations on the continuance of tenancy and obligations. (Para 7 , 8 , 10 , 12) |
| 4. final order confirming eviction and dismissing the revision. (Para 13 , 14) |
ORDER :
J. C. DOSHI, J.
1. The draft amendment, being found just and necessary for the proper adjudication of the lis, is hereby permitted to be carried out forthwith.
2. The present Revision Application, preferred under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, “the Rent Act”), calls in question the concurrent findings of fact and law recorded by the Courts below, whereby the learned Small Causes Court, Ahmedabad, vide judgment and decree rendered in H.R.P. Suit No.121 of 2002, instituted by the landlord, directed the tenant–appellant to hand over peaceful and vacant possession of two shop premises situated at Plot No.8, Viratnagar, Isanpur, Ahmedabad (for short, “the demised premises”). The said decree came to be affirmed in appeal by the learned Appellate Bench of the Small Causes Court, Ahmedabad, in C
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 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 court emphasized strict adherence to statutory provisions in eviction cases, particularly regarding rent payment and tenant obligations under the Bombay Rent Act.
The tenant's acquisition of alternative accommodation prior to the eviction suit barred the landlord's claim due to the limitation period under the Limitation Act.
It is no longer res integra that it is the burden of the defendant to prove that he had not defaulted in payment of rent in order to get the protection under section 5 (1) of Assam Urban Area Rent Co....
The heirs of a deceased tenant lack standing to contest an eviction order under rent law unless they can demonstrate a direct legal relationship to the tenant and relevant evidence supporting their c....
Suit for realisation of the arrear rent for the period of the eviction proceedings would result in failure of justice as well as nullify the proposition of law that the tenant is bound to pay rent du....
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