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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MRIDUL KUMAR KALITA
Fairdeal Enterprise – Appellant
Versus
Meera Bhattacharjee W/o Late Achyuta Sankor Bhattacharjee – Respondent
| Table of Content |
|---|
| 1. lease agreement and eviction grounds (Para 2 , 3 , 4) |
| 2. issues framed by the trial court (Para 5) |
| 3. appellate court's reversal of trial court's judgment (Para 7 , 8) |
| 4. arguments for eviction's bona fide requirement (Para 9 , 10 , 11 , 14) |
| 5. respondent's defense of bona fide requirement (Para 13 , 15) |
| 6. court's assessment of evidentiary issues (Para 16 , 18 , 21) |
| 7. legal standards for bona fide requirement assessment (Para 17 , 20) |
| 8. conclusion; revision petition dismissed (Para 22) |
JUDGMENT & ORDER :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. G. Jalan, learned counsel for the petitioners. Also heard Mr. S. Dutta, learned senior counsel assisted by Mr. J. H. Saikia, learned counsel for the respondent.
2. This revision petition under Section 115 of the Code of Civil Procedure, 1908, has been filed by the petitioners, namely, (i) M/s Fairdeal Enterprise and (ii) Pradeep Kumar Deorah, impugning the judgment and decree dated 17.06.2025, passed in Title Appeal No. 28/2022 by the Court of learned Civil Judge (Senior Division)No. 2, Kamrup(M) at Guwahati. By the impugned judgment and decree dated 13.09.2022 and 28.09.2022 respectively, passed in the Title Suit No.190/2022, by th
Bona fide requirement of landlord must be assessed based on actual need at the time of filing; subsequent events do not overshadow genuine intent if prior evidence supports the claim.
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.
Proviso (e) to Section 5(1) of Act of 1972 stipulates that when tenant has not paid rent lawfully due from him in respect of house within a fortnight of its falling due would come within various grou....
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 court affirmed that a landlord's bonafide requirement for premises is valid, and the tenant's irregular rent payments constitute default.
The court affirmed that a tenant's failure to comply with statutory rent payment timelines constitutes default, justifying eviction. Landlord's bona fide need for premises for business is a valid gro....
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