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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi
Lakhan Agarwal – Appellant
Versus
Rohit Modi, son of Late Ram Swarup Modi – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. A.K. Sahani, learned counsel for the appellant.
2. This appeal has been preferred against the judgment and decree dated 05.06.2024 (decree sealed and signed on 18.06.2024) passed by the learned Principal District Judge, Ramgarh in Civil Appeal No.04 of 2022 affirming the judgment and decree dated 30.06.2022 (decree sealed and signed on 06.07.2022) passed by the learned Additional Civil Judge (Jr. Division)-II, Ramgarh in Eviction Suit No.9 of 2013.
3. From the judgment of the learned trial court, it appears that the case of the plaintiff was as under:
(A) According to the plaint, the original plaintiff and now the substituted petitioners are the absolute owner in respect of land along with the building, being part of Plot No. 2910 of Khata No. 246, under Khewat No. 3/1 within Ramgarh Cantonment Board Holding No. GR- 104, Ward No. V situated at Ramgarh Cantt, Chatti Bazar, Police Station Ramgarh, District Ramgarh, Jharkhand. The shop premises within the above holding on the ground floor, more fully described in Schedule A hereunder (hereinafter referred to as the suit premises) was let out to the defendants on monthly rent of Rs. 90/- (Rupees
A tenant becomes a defaulter under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, if rent is not paid for two consecutive months, thus justifying eviction.
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....
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....
The court established that consistent non-payment of rent during proceedings justifies eviction under the UP Rent Act.
Eviction under rent control law is warranted where the tenant defaults on rent for over six months, negating hardship claims absent a bona-fide requirement.
The court upheld the eviction based on established landlord-tenant relationships and defendants' defaults in rent payments, emphasizing timely objections to evidence admissibility.
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