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SUDESH BANSAL
Nandlal – Appellant
Versus
Abdul Hamid – Respondent
Headnote: Read headnote
JUDGMENT
1. Appellant-defendant-tenant has preferred this second appeal under Section 100 CPC, challenging the decree for eviction passed in respect of his rented shop on the ground of bonafide and reasonable necessity by the Court of Additional District Judge No.4, Sikar in first appeal No.24/2015 vide judgment dated 2.2.2019 and resultantly, the judgment and decree dated 13.3.2015 passed in civil suit No.65/2002 by the Court of Additional Senior Civil Judge, Sikar dismissing plaintiff's suit for eviction, has been set aside.
2. Heard counsel for appellant at length and perused the record.
3. In the instant case, it is not in dispute that shop in question situated at Mochiwada Raod, Sikar is in tenancy of appellant- defendant since 1960. Respondents-plaintiffs purchased the suit shop through registered sale deed dated 21.8.2002 along with whole property wherein shop in question is situated, from its owner and landlord of appellant namely Kishan Lal. Appellant- defendant doe
The landlord is the best judge of his need and the court cannot advise the landlord to compromise his necessity for the benefit of the tenant.
The burden of proof for subletting under Rent Control laws and the criteria for establishing subletting were the central legal principles established in the judgment.
The subsequent event of the son joining a job did not extinguish the landlord's necessity for the rented shop, and the court restored the decree for eviction passed by the trial court based on this p....
The landlord's bona fide need at the time of filing the suit continues even after the sale of the property to a third party during the pendency of the proceedings.
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