Back
PUSHPENDRA SINGH BHATI
Shankar Lal Rathi S/o Shri Chhagan Lal Rathi – Appellant
Versus
Ram Kumar – Respondent
ORDER
1. In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This writ petition has been preferred claiming the following reliefs:
"It is therefore, most humbly and respectfully prayed that this Writ Petition may kindly be allowed and the Judgement dated 27.03.2018 (Annex-6) passed by the learned Rent Appellate Tribunal, Bikaner in Rent appeal No.133/2013 titled as Ramkumar Vs. Shankarlal Rathi may kindly be quashed and set aside and the judgement dated 23.09.2013 (Annex-5) passed by the learned Rent Tribunal, Bikaner in Civil Case No.58/2011 titled as Shivbux Vs. Shankarlal may kindly be restored."
3. Learned counsel for the petitioner submits that the late father of the present respondent No.1 filed an eviction application under Sections 9A, 9I, 9J & 9K of the Rajasthan Rent Control Act, 2001 for eviction of the shop premises situated outside Jassusar Gate, Bikaner before the learned Rent Tribunal, Bikaner on the ground that his wife is the lawful owner/landlord of the shop premises in question, of which the present petiti
The landlord's right to seek eviction based on personal and bonafide necessity and the court's deference to the landlord's prerogative in deciding the use of the premises.
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.
The central legal point established in the judgment is that once a landlord establishes reasonable and bonafide necessity for the accommodation, it cannot be rejected on the premise that the person d....
The court emphasized the importance of upholding findings of fact arrived at by the lower tribunals and the landlord's right to choose the best place for doing business.
The landlord's bonafide requirement for the premises and the landlord's right to choose a suitable premise for carrying on the business are key legal principles established in the judgment.
The crucial date for determining the bonafide need of the landlord is the date of institution of the eviction suit, and subsequent events, such as the death of the landlord, do not necessarily result....
The court established that a second eviction application is permissible if the first was not decided on merits, emphasizing the need for a practical approach to bona fide requirements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
