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ALOK MATHUR
Vijay Kumar Banswar – Appellant
Versus
Awadesh Kumar Jaisawal – Respondent
JUDGMENT :
1. Heard learned counsel for petitioner as well as learned counsel for respondents.
2. By means of present writ petition, the petitioner has challenged the order dated 13.12.2022 passed by Rent Controller and also the order dated 24.04.2023 passed by District Judge Kheri rejecting the appeal preferred by the petitioner against the order of Rent Controller.
3. The facts in brief are that the petitioner entered into a tenancy in respect of a shop measuring 18 sq. meter situated at Mela Road-Dwarikapuri, Lakhimpur, Pargana & District – Kheri by way of oral agreement with one Chandrachud Singh Rathore. In the tenanted premises, the petitioner has a small machine parts business, selling machine ware, oil, lubricant and auto parts for pump, diesel generator sets vehicles form the shop in question continuously since 1986 i.e. since last 37 years.
4. The respondent had purchased the said property from the original landlord on 02.03.2013 and subsequently the petitioner paid rent to the respondent. On 08.01.2020, the respondent has filed an application under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 on the ground that the said shop w
The central legal point established is that for eviction under Section 21(1)(a) of the Act, the landlord must demonstrate a genuine and necessary need for the premises, and the court will respect the....
The court reinforced that tenants must demonstrate bona fide issues to contest eviction based on landlord's genuine need, while the eviction process remains expedited under the summary provisions of ....
The landlord's bona fide requirement for the tenanted premises is to be judged based on preference and suitability for the intended business, and the employment status of dependent family members doe....
The landlord's bonafide requirement for the premises and the landlord's right to choose a suitable premise for carrying on the business are key legal principles established in the judgment.
The landlord's genuine need for tenanted premises, the tenant's burden to provide specific and supported averments, and the landlord's authority to prioritize family needs over tenant's hardship.
The main legal point established is that the landlord's bona fide need for the premises, as per Section 14(1)(e) of the Delhi Rent Control Act, was proven, and the tenant's claim of availability of a....
The landlord's bona fide need and the absence of suitable alternative accommodation for the tenant are crucial factors in determining eviction under the Delhi Rent Control Act.
Pre-amendment eviction petitions from non-residential premises maintainable retrospectively due to Supreme Court on Article 14 violation. Landlord's bonafide need for prime own shops upheld despite r....
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