Back
S. N. PATHAK
Ram Awtar Mittal, son of Late Durga Pd. Mittal – Appellant
Versus
Meera Devi, wife of Late Prem Chand Kejriwal – Respondent
JUDGMENT :
Heard the parties.
PRAYER
2. Instant revision application has been preferred by the defendant/petitioner against the Judgement and Decree dated 29.05.2007, passed in Title (Eviction) Suit No. 07/2002 whereby and whereunder, the Court below has decreed the suit for eviction on the ground of personal necessity.
FACTS OF THE CASE
3. According to plaint, the defendant/petitioner is the tenant of one shop room in the building situated over C.S. Plot No. 5313 and 5314, pertaining to Khata No. 200, P.S. Chas, District – Bokaro, since the year 1986, on a monthly rent of Rs.500/-. The size of the shop room is 12’ x 30’. The plaintiff required the tenanted premises for his son namely Sanjay Kumar Kejariwal, who is unemployed and a married person, having three children in view of the fact that size of the tenanted shop would meet the substantial requirement for business of his son. There was no possibility of partial eviction.
4. The cause of action arose in December, 2001 when the plaintiff requested the defendant to vacate the suit premises and on subsequent dates, when such requests were repeated. Being aggrieved, the original plaintiff/opposite party [Late Premchand Kejariwal] filed
The landlord's personal necessity for the tenanted premises is paramount, and tenant's claims of alternative premises do not negate this requirement.
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 in the judgment is the landlord's right to choose the premises for personal necessity and the onus of proving bonafide requirement, as well as the inability to satisf....
Eviction of tenant – Bonafide requirement of landlord proved beyond doubt.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
