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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
ROBIN PHUKAN
Gopal Krishna Baruah S/o- Late Mohan Krishna Baruah – Appellant
Versus
Rita Saikia Legal Heirs Of Deceased Khirud Chandra Saikia – Respondent
| Table of Content |
|---|
| 1. court proceeds ex-parte due to non-appearance of respondents. (Para 1 , 2 , 3) |
| 2. background facts of eviction proceedings detailed. (Para 4) |
| 3. plaintiffs argue appellate court's findings are erroneous. (Para 5 , 6) |
| 4. court reviews relevant laws and previous judgments. (Para 7) |
| 5. explanation of the burdens on tenants under section 5(4). (Para 8) |
| 6. evidence of rent payment timelines discussed. (Para 9 , 10) |
| 7. court restores trial court's finding on bona fide requirement. (Para 11 , 12) |
| 8. court underscores importance of pleadings in judgments. (Para 13 , 14 , 15 , 16) |
| 9. final decision to restore trial court's order. (Para 17 , 18 , 19 , 20) |
JUDGMENT :
Robin Phukan, J.
Heard Mr. B.J. Ghosh, learned counsel for the petitioners. None appears for the respondents on call, in spite of due service of notice upon them, for which vide order dated 30.01.2026, it has been decided to proceed with this matter against the respondents ex-parte. Accordingly, Mr. Ghosh, learned counsel for the petitioners is heard.
2. This revision petition, under Section 115 of the CPC, is directed against the judgment dated 29.06.2024, and the decree dated 11.07.2024, passed by the learned Civil Jud
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....
The tenant must prove compliance with the Rent Control Act's provisions to avoid eviction; failure to establish bona fide requirement by the landlord can lead to dismissal of eviction claims.
The court affirmed that a landlord's bonafide requirement for premises is valid, and the tenant's irregular rent payments constitute default.
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....
It is also made clear that this Court while exercising the revisional jurisdiction is not and cannot be equated with the power of re-consideration of all question of facts as the Court of First Appea....
Suit for Ejectment – Decreed - Bona fide requirement - respondent no.1 is found to be entitled to decree for ejectment of the petitioner and proforma respondent no.2 (both defendants in the suit) fro....
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.
Purpose of bona fide requirement of a landlord what is required is that it must be something more than a mere desire but need not certainly be a compelling or absolute or dire necessity
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