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IN THE HIGH COURT OF JHARKHAND, RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Namita Bose, W/o late Madan Bose – Appellant
Versus
Satyanarain Prasad Chourasia, Son of late Raghu Ram Barai – Respondent
JUDGMENT :
(SANJAY KUMAR DWIVEDI, J.)
This Second Appeal has been assigned by Hon’ble The Chief Justice to this Bench and that is how, this Second Appeal has been listed before this Bench.
2. Heard Mr. P.K. Bhattacharya, the learned counsel appearing on behalf of the appellant as well as Mr. Sudarshan Srivastava, the learned counsel appearing on behalf of the respondent.
3. This Second Appeal has been preferred being dissatisfied with the judgment and the decree dated 27.01.2017 and 04.02.2017 respectively passed in Civil Title Appeal No.43 of 2016 passed by learned Principal District Judge, Dhanbad whereby he has been pleased to dismiss the appeal and affirm the judgment of the learned trial court in Eviction Suit No.01 of 2012 and affirmed the judgment of the learned trial court and the decree dated 18.05.2016 and 28.05.2016 respectively.
4. The case of the plaintiff/ appellant is that grand-father of the plaintiff, namely, Bhatu Ram Barai acquired the land bearing plot no. 4305, 4306, 4307 & 4308 in Mouza Dhanbad, Mouza No. 51 corresponding to Nagar Nigan Holding No. 45/46 more-fully described in schedule ’A’ of the plaint leaving behind his only son, namely, Raghu Ram, who inherited
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.
The requirement of substantial questions of law and the impact of new tenancy acts on ongoing proceedings must be carefully considered by the court.
The court established that eviction can be granted based on bona fide necessity when the tenant's claim of occupying multiple rooms is not substantiated by evidence.
Second appeals are barred under Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, allowing only revisions, as confirmed by the court.
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.
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