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INDERJEET SINGH
Ghiyas Bhagat Bhawan – Appellant
Versus
Kusumlata Rawat W/o (Lt) Manak Chand Rawat – Respondent
Order
1. The present writ petition has been filed by the petitioner-tenant challenging the order dated 30.01.2019 passed by the Rent Tribunal, Jaipur Metropolitan, Jaipur (hereinafter to be referred as the Rent Tribunal) whereby the application filed on behalf of the petitioner-tenant under Order 14 rule 2 CPC read with Section 21 of the Rent Control Act, 2001 (hereinafter to be referred as the Act of 2001) was dismissed.
2. Brief facts of the case are that in the first round of litigation, husband of the respondent-landlord filed an eviction application before the Rent Tribunal on the ground of bonafide need and personal necessity as well as for revision of rent.
3. During pendency of the said eviction application, the respondent-landlord's husband Shri Manak Chand Rawat expired and in the said eviction application issue No.1 was with regard to bonafide need and personal necessity, however, due to death of respondent-landlord's husband, the issue No.1 was decided against the landlord.
4. Thereafter, the respondent-landlord again filed an eviction application in the year 2014 against the tenant on the ground of her bonafide need and personal necessity. During pendency fo the said evict
Successive eviction suits may proceed if new genuine grounds arise, as the principle of res judicata does not bar fresh claims based on changing circumstances.
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 principle of res judicata disallows parties to litigate the same question again and again, even if the determination may be demonstrated wrong. Once an order attains finality, parties are bound b....
The reasonable and bona fide necessity for rent eviction has to be adjudged based on the position existing on the day the application is filed, and subsequent events may not warrant an amendment in t....
The principle of res judicata does not apply if a fresh application is filed on changed circumstances, and the earlier petition was not adjudicated upon on merits.
A landlord's bona fide necessity for eviction must be established, and a prior dismissal does not preclude a new application if circumstances change.
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 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....
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