Back
NUPUR BHATI
Champalal S/o Kapoor Chand – Appellant
Versus
Ramesh S/o Sh. Devi Lal – Respondent
JUDGMENT :
NUPUR BHATI, J.
1. The instant appeal has been filed by the Appellants/Plaintiffs under Order 43 Rule 1(u), CPC, 1908 against the order dated 13.09.2006 passed by learned Additional District Judge, Bhinmal in Civil Regular First Appeal No. 06/2001, whereby the judgment & decree dated 09.04.2001, passed by Civil Judge, Bhinmal in Civil Original Suit No. 113/1993, was set aside and remanded back to the learned trial court with direction to frame additional issue with respect to the partial eviction of the suit shop and thereafter, conduct rehearing on this issue after recording evidence of both the parties in this behalf and then pass judgment in accordance with the law.
2. Briefly stated, the facts germane to the case are that the suit shop was given on rent to Late Devi Lal (Original Defendant) on 10.07.1979 on a monthly rent of Rs. 411/-. As no rent was paid by the respondents/defendants after 11.11.1979, the appellants/plaintiffs vide registered notice dated 02.06.1980 terminated the tenancy of respondents/defendants and also demanded arrears of rent. However, the sole defendant-Devi Lal neither tendered the rent nor handed over the shop to the appellants/plaintiffs. Thu
A decree for eviction based on default in rent payment can be granted without considering partial eviction if the tenant's defense has been struck out due to non-compliance with statutory provisions.
The tenant is not liable to deposit the time-barred arrears of rent, particularly having regard to the requirement in Section 12(1)(a) that the arrears of rent must be legally recoverable from the te....
Landlords must prove bona fide personal necessity for eviction, and once established, the burden shifts to tenants to prove partial eviction sufficiency.
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
A landlord seeking eviction for demolition and reconstruction under the Maharashtra Rent Control Act must comply with specific statutory requirements, including providing equivalent carpet area to th....
The Court emphasized the statutory duty of the Court to make an enquiry into the extent of the landlord's need and the possibility of partial eviction, even if the bonafide need is found to be reason....
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
