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Mst Jameela Bano – Appellant
Versus
Qazi Abdul Rashid – Respondent
JUDGMENT :
1. By the instant Civil Second Appeal, the appellants are seeking setting aside of the judgments and decrees dated 28.07.2014 and 08.06.2019, for short impugned judgments and decrees, passed by the courts of Sub Judge, (Judge Small Causes) Srinagar, for short trial court and the Additional District Judge, Srinagar, for short Appellate Court, respectively, on the grounds taken in the memo of appeal.
BRIEF FACTS
2. Briefly put the controversy as it is delineated before the trail court and appellate court is that two tin roofed shops situated at Jawahar Nagar, Srinagar, hereinafter for short as suit property, are owned by the respondent who rented out the same to the husband of the appellant no. 1 and father of appellants 2 to 6, herein at a monthly rent of Rs. 210/- for a period of one year in terms of lease deed dated 20th March, 1981, effective from 1st March, 1981. The respondent issued a notice to the appellants for evicting the suit property after the lease expired through his advocate firstly on 26th February, 1982, thereafter, through registered AD notice dated 23rd December, 1982 projecting his personal requirement for the suit property and seeking payment of arrears
Eviction of tenant – Bonafide requirement of landlord proved beyond doubt.
The judgment emphasizes the importance of detailed evidence and measurement to support claims of personal necessity under the Bihar Building (Lease, Rent and Eviction) Control Act.
The main legal point established in the judgment is that an appeal under Section 100 of the CPC must involve substantial questions of law, and the court will not interfere with concurrent findings of....
The landlord's personal necessity for the tenanted premises is paramount, and tenant's claims of alternative premises do not negate this requirement.
The subsequent event of the son joining a job did not extinguish the landlord's necessity for the rented shop, and the court restored the decree for eviction passed by the trial court based on this p....
Tenancy and Land Lord - Bona fide & ‘need’ - If a landlord is in genuine and bona fide need of a tenanted portion, tenant cannot legally raise the issue that space available with landlord is adequate....
The landlord's genuine requirement for additional accommodation for personal use entitles the landlord to use it as best suits the requirement, and subsequent events may be considered to have oversha....
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