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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Jaiprakash Sharma, son of Late Rameshwar Lal Sharma – Appellant
Versus
Rita Devi, wife of Sanjay Kumar Gupta – Respondent
Order :
PRADEEP KUMAR SRIVASTAVA, J.
1. Heard learned counsel appearing for the petitioners as well as Opp. party.
2. The instant Civil Revision is directed against the impugned judgment dated 16.12.2014 (decree singed on 23.12.2014) passed in Eviction Suit No. 16 of 2010 by Learned Sr. Civil Judge-IV, Hazaribag, whereby and whereunder the suit filed by the plaintiff/opp. party on the ground of personal necessity under Section 11(1)(c) read with Section 14 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 has been allowed.
3. Factual matrix of the case is that the plaintiff/opp. party has instituted an Eviction Suit No. 16 of 2010 against the defendants/petitioners, before the court of Civil Judge, (Junior Division), Hazaribag, seeking decree for eviction of the defendants from the suit premises, on the ground of bona fide requirement for personal use and occupation, under the provision of Section 11(1)(c) of Bihar Building (Lease, Rent and Eviction) Control Act, 1982. It is alleged that the suit premises was originally belonged to one Mahabir Ram, which was let out by him to father of the defendants namely Rameshwar Lal Sharma, on month-to-month tenancy basis. After d
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.
Transferee landlord can evict for personal necessity without attornment; unproven tenant-prior agreement to sell does not end tenancy; revisional court examines only legality, not reappreciates facts....
A tenant's purchase of an undivided share does not extinguish the landlord-tenant relationship, allowing eviction proceedings to continue.
Landlords must prove bona fide personal necessity for eviction, and once established, the burden shifts to tenants to prove partial eviction sufficiency.
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