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SUDESH BANSAL
Mahendra Yadav – Appellant
Versus
Bhagwan Devi – Respondent
JUDGMENT
1. Appellant-defendants-tenant (hereinafter referred as "tenant") have preferred this first appeal under Section 96 CPC, assailing judgment and decree dated 17-8-2004 in Civil Suit No.2/2003 passed by Additional District Judge (Fast Track), No.2, Alwar whereby and whereunder suit for eviction and recovery of rent has been decreed.
2. The facts of the case are that rented premises a house No.308, Arya Nagar measuring 761 Sq. Yards comprising of four rooms, kitchen, toilet, 2 warrandah, gallary etc., was let out by original plaintiff Krishan Sharan Sharma to original tenant Ghasi Ram Yadav way back in July, 1967 at the rate of Rs.140/- per month for the purpose of residence. Since the original tenant committed default in payment of rent and the original plaintiff landlord required the house for his own family hence a civil suit for eviction invoking the provisions of Section 13(1)(a) and (h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereafter `the Rent Act') was filed on 25-11-2000. At the time of institution of suit for eviction the original tenant Ghasi Ram Yadav had passed away hence the suit was filed against (i) Mahendra Yadav (younger son) and
The main legal point established in this judgment is that the court must consider the bonafide and reasonable necessity of the landlord for eviction, the comparative hardship between the parties, and....
The main legal point established in this judgment is that a landlord can seek eviction of a tenant if the tenant has committed default in payment of rent and the landlord has a bonafide and reasonabl....
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.
Section 14 of H.P. Urban Rent Control Act clearly reveals that grounds for landlord for eviction, but he/she is under obligation to establish on record that grounds sought to be raised for eviction a....
The landlord's need for release should be judged disparately, and the tenant cannot question and compel a landlord to live in a particular manner. The landlord is the best judge of his residential re....
The court emphasized that a landlord’s bona fide necessity for eviction must be upheld if substantiated by evidence, and the scope of review under Article 227 is limited to supervisory jurisdiction, ....
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