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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR
Rakesh Sen S/o Late Shri Nanalal Ji Sen – Appellant
Versus
Ajab Bano W/o Shri Iqbal Hussain – Respondent
Order :
VINIT KUMAR MATHUR, J.
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 31.01.2024, whereby, the appeal preferred by the respondent-Landlord has been allowed.
3. Briefly noted the facts of the present writ petition are that prior to the year 1995, the petitioner was given a shop on rent by the previous landlord. Thereafter, the property in question was purchased by the respondent in the year 1995. While the petitioner was undertaking his business activity from the shop in question, the respondent preferred an application before learned Rent Tribunal, Udaipur for his eviction. The application preferred by the respondent was dismissed vide order dated 27.09.2021. The order dated 27.09.2021 was assailed by the respondent by way of filing an appeal before learned Rent Appellate Tribunal, Udaipur. The learned Rent Appellate Tribunal, Udaipur, after hearing learned counsel for the parties, allowed the same vide order dated 31.01.2024. Hence, the present writ petition has been filed.
4. Learned counsel for the petitioner vehemently submitted that the respondent is having no bonafide necessity of the rented premises as there
The bona fide necessity for eviction of a tenant is assessed solely from the landlord's perspective, not the tenant's claims regarding the availability of alternative premises.
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.
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.
Bona fide requirement for eviction is determined by the landlord's genuine need, not dictated by tenant's preferences.
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 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 landlord's bona fide need at the time of filing the suit continues even after the sale of the property to a third party during the pendency of the proceedings.
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