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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
NARENDRA SINGH DHADDHA
National Textile Corp Ltd. – Appellant
Versus
Geeta Mishra W/o Shri Udai Kant Mishra – Respondent
JUDGMENT :
NARENDRA SINGH DHADDHA, J.
1. The present civil first appeal has been filed by the appellant-defendant (for short ‘the defendant’) under Section 96 read with Order 41 C.P.C. against the judgment and decree dated 16.10.2000 passed by Additional District Judge No. 9, Jaipur City, Jaipur (for short ‘the trial Court’) in original civil suit No. 82/1999, whereby the trial court decreed the suit in favour of the respondents-plaintiffs (for short ‘the plaintiffs’) and directed defendant to handover the vacant possession of the disputed premises within two months and to pay Rs. 2,400/- per month as use and occupation charges.
2. Brief facts of the case are as under:-
Plaintiffs filed a suit for eviction and recovery of rent to the effect that they had purchased the Shop No. 83 Bapur Bazaar Chowkdi Vishvesharji, Jaipur from Deep Chand on 25.06.1988 on account of personal and bona fide necessity. They wanted to do business in the suit premises. Defendant took suit premises on rent on lease for 5 years in 1978. Defendant had to vacate the suit premises on 28.02.1983 but defendant had not vacated the same. Plaintiffs and Deepchand gave the information to defendant regarding purchase of
Landlords have the right to determine their business needs, and tenants cannot dictate terms regarding business locations; bona fide necessity must be proven for eviction.
since the plaintiff was not starting a new business, which could be started in any other shop, as the requirement was for expanding the existing business by removing the wooden partition and as the b....
The central legal point established in the judgment is the requirement to prove bonafide and reasonable necessity for eviction under Section 13 of the Rajasthan Premise (Control of rent and Eviction)....
The landlord is the best judge of his need and the court cannot advise the landlord to compromise his necessity for the benefit of the tenant.
The court emphasized the importance of bona fide necessity in eviction cases and highlighted the lack of bona fides in pursuing frivolous litigation.
For the purpose of bonafide necessity, the landlord can file an eviction suit for the necessity of his grandson if the grandson is a family member and dependent on him. The issue of bonafide necessit....
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.
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