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ANIL KUMAR CHOUDHARY
Kanahaiya Lal Arya, son of Late Bajo Sao – Appellant
Versus
Md. Ehshan – Respondent
JUDGMENT :
1. Heard the parties.
2. This appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 25.09.2006 passed by the Additional District Judge, Fast Track Court –III, Chatra in Eviction Appeal No. 18 of 2006 whereby and where under the learned court below has set aside the judgment and decree of eviction passed by the learned trial court being court of Munsif, Chatra in Eviction Suit No. 25 of 2001 dated 15.07.2006 whereby and where under the learned trial court passed the judgment and decree directing the defendant to hand over vacant possession of the suit property to the plaintiff within one month from the date of judgment.
3. The case of the plaintiff in brief is that the plaintiff is the owner of the suit land. The deceased father of the plaintiff during his lifetime inducted the father of the defendant as a tenant in a portion of the tiled roof house on monthly rent of Rs.70/-. The father of the defendant died leaving behind the defendant. After his father, the defendant continued in possession of the tenanted premises at the monthly rent of Rs.70/-. The plaintiff filed eviction suit against the defendant as after the death
Eviction of tenant – Bonafide requirement of landlord proved beyond doubt.
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....
Landlords must prove bona fide personal necessity for eviction, and once established, the burden shifts to tenants to prove partial eviction sufficiency.
The court concluded that a landlord does not need formal attornment to establish a tenant's obligation after property transfer, emphasizing the need must be bona fide.
The court's decision emphasized the importance of evidence in supporting claims of personal necessity and highlighted the limited scope of revisional jurisdiction in re-assessing evidence.
The court affirmed that a landlord must prove bona fide personal necessity for eviction, and failure to assert partial eviction undermines the tenant's defense.
The main legal point established is the requirement for a genuine, honest, and bona fide need of the landlord for eviction, as well as the mandatory consideration of partial eviction under the Bihar ....
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