RAJASTHAN HIGH COURT
Dr. Pushpendra Singh Bhati, J.
Smt. Santosh Verma - Appellant
Versus
Govind - Respondent
S.B. Civil Writ Petition No. 14075/2019
Decided On : 06-12-2021
| Table of Content |
|---|
| 1. background on tenancy and eviction suits (Para 2 , 3 , 4 , 5) |
| 2. details on the eviction petition process (Para 6 , 7 , 8 , 9 , 10) |
| 3. appeal after rent tribunal's judgment (Para 11) |
| 4. arguments on sub-letting and legal implications (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. citations from precedent cases on tenancy law (Para 20 , 21 , 22 , 23 , 24) |
| 6. legal definitions and requirements for eviction (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 7. final application of legal principles to the case (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 8. termination of case and final decision (Para 46 , 48) |
ORDER
Dr. Pushpendra Singh Bhati, J. - This writ petition has been preferred claiming the following reliefs:
2. As the pleaded facts would reveal, one Smt. Hukam Kanwar w/o Late Shri Chatur Singh Shaktawat (hereinafter referred to 'as original landlady") let out, on rent, a shop situated outside Surajpole, Opposite Ashok Cinema, National Highway Link Road, Udaipur (in short, 'shop in question") to the present petitioner by executing a rent note dated 22.09.1988; in the said rent note, a stipulation was made that in the event of the original landlady requiring vacation of the shop in question, she shall give one month's prior notice in regard thereto to the petitioner-tenant; similarly, in case the petitioner-tenant wishes to vacate the shop in question, she shall also be required to give one month's prior notice thereof to the original landlady.
3. The petitioner-tenant, while obtaining the possession of the shop in question gave, through cheque, an amount of Rs.10,000/-as advance security deposit to the original landlady, in pursuance whereto, an agreement was executed by the original landlady in favour of the petitioner-tenant on 22.09.1988 itself.
4. The original landlady, however, instituted a suit for eviction against the petitioner-tenant before the learned Civil Judge (Junior Division), Udaipur on the ground of subletting, reasonable and bona fide necessity, requirement of alternative accommodation and default in payment of rent.
5. However, during pendency of the aforementioned eviction suit, the RAJASTHAN RENT CONTROL ACT , 2001 (hereinafter referred to as 'Act of 2001r) came into force, and therefore, the original landlady chose to withdraw the aforementioned suit, and the same was accordingly withdrawn. Thereafter, on 20.12.2003, an application (petition) under Section 9 of the Act of 2001 was filed before the learned Rent Tribunal, Udaipur by the original landlady for recovery of due rent and eviction of the shop in question on the ground of personal bona fide necessity of the original landlady and her family, subletting as well as availability of alternative shop with the petitioner-tenant situated at a distance of about 150-200 feet from the shop in question. The petitioner-tenant filed reply to the said eviction petition.
6. During pendency of the aforementioned eviction petition, Smt. Hukam Kanwar sold the shop in question to Govind Agarwal (respondent-landlord) through sale deed dated 01.05.2009; whereafter the respondent-landlord moved an application under Order 1 Rule 10 of the Code of Civil Procedure seeking his impleadment as the sole applicant in the eviction petition, in place of the original landlady.
Thereafter, the respondent-landlord was impleaded as sole applicant in place of earlier applicant Smt. Hukam Kanwar (original landlady), and accordingly, the respondent-landlord pursued the said eviction petition.
7. On 09.04.2010, the petitioner-tenant, through her Advocate, served a notice upon the respondent-landlord, inter alia requiring the respondent-landlord to furnish his necessary bank details, for the purpose of deposition of the amount of rent.
I
Abdul Aziz vs. Mohd. Yaqub 1971 RCJ 492
Associated Hotel of India Ltd.
Benjamin Premanand Rawade(Dead) by Lrs. vs. Anil Joseph Rawade 1998 (9) SCC 688
Bharat Dharma Syndicate vs. Harish Chandra
Dev Kumar (Died) through LRs vs. Smt. Swaran Lata & Ors.
Durga Prasad vs. Mst. Parveens & Ors.
Ganpat Ram Sharma & Ors. vs. Smt. Gayatri Devi & Ors.
Government General in Council vs. Mahabir Ram AIR 1952 All 891 (FD
Hasmat Rai & Anr. vs. Raghunath Prasad
Indian Trade and General Insurance Company Limited vs. Union of India
Jagdish Prasad vs. Angoori Devi (1984 (3) SCR 216
Jaswant Raj Soni vs. Prakash Mal
Koratala Leela Satya Sai vs. Ghanta Dharma Rao
M/s. Shalimar Tar Products Ltd. vs. H.C. Sharma & Ors. (1988 (1) SCR 1023
Prem Prakash vs. Santosh Kumar Jain & Sons (HUF) & Ors.
Ram Krishna Ram Nath Shop vs. Union of India
Smt. Krishnawati vs. Shri Hans Raj (1974) 1 SCC 289
Union of India vs. Pan-durang Kashinath
The court ruled that to establish sub-letting under the Tamil Nadu Buildings (Lease and Rent Control) Act, the landlord must prove the tenant has transferred exclusive possession, which was not done ....
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.
Point of Law : Findings rendered by the courts below were well supported by evidence on record and could not even be said to be perverse in any way. The High Court could not have re-appreciated the e....
A co-owner can maintain an eviction petition without other co-owners' consent, provided there are no objections, reaffirming that the landlord-tenant relationship must be established for eviction und....
The court upheld the eviction order, confirming the landlords' bona fide need for the tenanted premises under the Delhi Rent Control Act, 1958, despite the tenants' claims of independent tenancy.
The main legal point established is that sub-tenants must obtain written permission for sub-letting and provide a written notice of sub-tenancy to the landlord to be eligible for protection under the....
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