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ROHIT RANJAN AGARWAL
Gopal Verma – Appellant
Versus
Natthu Lal – Respondent
JUDGMENT :
Rohit Ranjan Agarwal, J.
1. Heard Sri Pankaj Agarwal, learned counsel for the petitioners and Sri P.K. Jain, learned Senior Advocate, assisted by Sri Manish Tandon and Sri Manas Bhargava, learned counsel for the respondents.
2. This is tenants' petition filed under Article 227 of the Constitution of India challenging the order dated 16.7.2019 passed by the Additional District Judge, Court No. 9, Varanasi in P.A. Appeal No. 118 of 2012 allowing the release application of the landlord-respondent No. 1.
3. The case has checkered history. One Smt. Kutra Devi was the owner and landlord of House No. D-46/6, Manihari Tola, Luxa Road, Varanasi. On the ground floor of the premises, three shops exist. Out of three shops, one shop was in possession of the landlord and the adjoining second shop was in possession of one tenant Sahdev and the third shop was in possession Salikram (father of petitioners and defendants-respondent Nos. 2 to 6).
4. In the year 1978, P.A. Case No. 126 of 1978 was filed by Smt. Kutra Devi setting up need of her son which was rejected by the Prescribed Authority on 16.2.1980. Against which, an appeal was preferred which was also dismissed on 10.5.1982.
5. In the y
A landlord's bona fide need for premises does not require proof of dire necessity, and tenants must demonstrate efforts to find alternative accommodation to establish greater hardship.
The landlord's need for release should be judged disparately, and the tenant cannot question and compel a landlord to live in a particular manner. The landlord is the best judge of his residential re....
The main legal point established in the judgment is that the landlord's bona fide need for the shop, the comparative hardship between the landlord and the tenant, and the lack of efforts by the tenan....
The court emphasized the importance of considering changed circumstances and the landlord's comparative hardship in determining the bona fide need for release applications.
The main legal point established in the judgment is the interpretation and application of the landlord-tenant relationship, the retrospective reading of the amendment in the release application, and ....
The concept of bona fide need requires a genuine desire for premises, and the landlord's choice of accommodation should be respected by the court.
Point of law: perusal of the provision, quoted above, shows that the following categories of persons fall within the meaning of landlord : (1) any person for the time being entitled to receive rent i....
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