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SUDESH BANSAL
Aamna – Appellant
Versus
Thakurji Shri Krishan Bihari Nadirji Virajman – Respondent
JUDGMENT
1. Appellants-defendants-tenants have preferred this second appeal under Section 100 CPC assailing the judgment and decree dated 03.09.2002 passed in Civil First Appeal No.32/1999 by the Court of Additional District Judge No.2, Jaipur City, Jaipur, affirming the judgment and decree for eviction dated 02.09.1999 passed in Civil Suit No.518/1976 by the Court of Additional Civil Judge No.5, Jaipur City, Jaipur whereby and whereunder the civil suit for rent and eviction filed by respondent-plaintiff-temple Shri Krishan Bihari Nadirji Virajman, has been decreed on merits.
2. This second appeal is required to be considered on the substantial questions of law formulated by the Co-ordinate Bench of this Court vide order dated 04.10.2006 which, read as under:-’(I)Whether when the tenancy was composite for residence and for commercial purpose then a decree of eviction can be passed on the ground contained under Section 13(1)(J) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950?’
"(II)Whether purchase of a house by one of the tenant can be a ground for eviction of two tenants and the decree of eviction passed by the courts below are vitiated?"
3. In order to appreciate b
The main legal point established in the judgment is that the validity of rent deposition in court under Section 19(A) of the Act is contingent upon the tenant fulfilling the mandatory pre-requisites ....
The court established that eviction can be granted based on bona fide necessity when the tenant's claim of occupying multiple rooms is not substantiated by evidence.
The mandatory nature of Section 14(2) of the DRC act and the landlord's remedy to file a civil suit for possession when the tenant denies the landlord-tenant relationship.
The burden of proof to establish subtenancy is on the landlord, and the court may affirm an eviction decree if the landlord successfully demonstrates the creation of subtenancy.
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....
Upon the expiration of a lease, if not renewed, the tenancy reverts to a month-to-month basis, which can be terminated with proper notice.
Eviction of tenant – Tenant does not have a vested right under Rent Control legislation but it has only a protective right – Such right can be withdrawn at any time.
GPA and similar documents do not confer title to immovable property; legal heirs of the original allottee are entitled to possession.
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