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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Hiramuni Devi, Widow Of Late Sitaram Bhagat – Appellant
Versus
Md. Anwar Ansari, Son Of Late Md. Muslim Ansari – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Sachi Nandan Das, learned counsel for the appellants.
2. This appeal has been preferred against the judgment and decree dated 21.12.2023 (decree signed on 10.01.2024) passed in Civil (Eviction) Appeal No.06 of 2023 by the learned District Judge, Pakur, whereby, the said appeal has been dismissed and the judgment and decree dated 23.05.2023 (decree signed on 02.06.2023) passed in Title (Eviction) Suit No.23 of 2007 by the learned Civil Judge, Senior Division-I, Pakur (Sub Judge-I, Pakur) has been affirmed by the learned appellate court.
3. The case of the plaintiff/respondent was that the plot no.-12 of Mouza- Amrapara existing adjacent to Pakur-Dumka road in the northern side of the said road with a building standing thereon fully described in the Schedule-A belongs to the plaintiff, after the partition dated 07.10.1968 through originally it was possessed by all four brothers. The plaintiff reside in the aforesaid building with his family members, but the front portion of the building in the southern side adjacent to Pakur-Dumka road consisting of one pucca room and one verandah fully described in Schedule-B has been let out initially on a
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 main legal point established in the judgment is that the Plaintiff must prove the relationship of landlord and tenant to be entitled to the reliefs sought in an eviction suit.
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.
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 landlord-tenant relationship is vital for eviction suits; title issues cannot be resolved without proper framing and processes in appellate proceedings.
The landlord's bona fide requirement for eviction is established even if he owns other properties, and the tenant cannot dictate the landlord's use of his properties.
The tenant's failure to pay rent and timely file for standard rent fixation leads to eviction under the Bombay Rent Act, despite claims of payment to co-owners.
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