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ANIL KUMAR CHOUDHARY
Vinod Kumar Singh @ Binod Kumar Singh S/o Late Kamta Prasad Singh – Appellant
Versus
Dan Singh S/o Late Baban Singh – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the learned counsel for the appellant.
2. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree of affirmance dated 21.12.2018 passed by the learned Principal District Judge, Dhanbad in Civil Appeal No. 118 of 2018 whereby and where under, the learned first appellate court has dismissed the appeal on contest.
3. The brief fact of the case is that the plaintiff-respondent filed Title (Eviction) Suit No. 09 of 2015 in the court of Civil Judge (Jr. Division)-II, Dhanbad with a prayer for a decree of eviction of the defendant and recovery of khas possession under Section 11 of Jharkhand Building (Lease, Rent & Eviction) Control Act.
4. The case of the plaintiff in brief is that the plaintiff is the absolute owner of the suit premises. The defendant occupied a small portion of the suit premises as a tenant on a monthly rent of Rs.500/- payable as per the English Calendar month and the rent of each month is payable within ten days of succeeding month.
The defendant was also inducted as a tenant in schedule ‘B’ premises in pursuance of a tenancy agreement dated 26.07.1985. The defendant fai
The court upheld the eviction based on the defendant's default in rent and the plaintiff's bona fide need for the premises under the Jharkhand Building (Lease, Rent & Eviction) Control Act.
The court upheld the dismissal of the eviction suit, finding no evidence of rent default by the defendant, and ruled that the appeal raised no substantial question of law.
The tenant's eviction was justified based on the landlord's bona fide need under the Jharkhand Building Act, despite tenant's claims of hardship.
A valid landlord-tenant relationship must be established for eviction, and bona fide personal necessity can justify eviction under the Jharkhand Building Act.
The case established the importance of evidence in establishing the relationship of landlord and tenant, and the liability for non-payment of rent under the Bihar Building (Lease, Rent & Eviction) Co....
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.
Point of law: “Any aggrieved party” the expression employed in Section 20(1), means a person feeling aggrieved by the ultimate decision, that is, the operative part of the order. A party to the proce....
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