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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Mani Lal, son of Late Sideshwar Prasad Tiwari – Appellant
Versus
Gitika Sharma, wife of Late Anil Kumar Sharma – Respondent
Order :
PRADEEP KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the petitioner as well as learned counsel for the opposite parties.
2. The present civil revision is directed against the judgment dated 16.03.2013 (decree signed on 04.04.2013) passed by learned Civil Judge (Junior Division) No. 1, Dhanbad in Title (Eviction) Suit No. 34 of 2008, whereby and whereunder the suit filed by the plaintiffs / opposite parties under Section 11 (1) (c) of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2000 has been decreed and the defendant / petitioner has been directed to handover the vacant possession of the tenanted premises described in suit schedule of the Plaint to the plaintiff within three months from the date of judgment, failing which, the plaintiffs will take legal suitable steps.
3. The factual matrix giving rise to this revision is that the original plaintiff Anil Kumar Sharma (since deceased) has instituted the above suit for eviction of the defendant from the tenanted premises on the ground of bonafide requirement for his own use and occupation. The original plaintiff died during pendency of the suit and his wife and daughters have been substituted as legal repr
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.
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.
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....
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.
Heirs of a deceased landlord must establish their own bonafide requirement for eviction; the original requirement does not automatically extend to them.
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