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ASHUTOSH SRIVASTAVA
Gauri Shankar Prajapati – Appellant
Versus
Ravikul Bansal – Respondent
Headnote: Read headnote
JUDGMENT :
Ashutosh Srivastava, J.
1. All the above referred writ petitions involve identical questions of law and facts. The Writ Petition (A) No. 1597 of 2024 is being treated as the leading writ petition and the facts pertaining to the same is being considered for deciding the controversy involved.
2. Heard Shri Rishikesh Tripathi, learned counsel for the petitioner and Shri Rahul Agarwal, learned counsel for the caveator/respondent.
3. The instant writ petition, at the instance of the tenant/petitioner, has been filed assailing the judgment and order dated 6.1.2024 passed by the learned Additional District Judge, Banda in Rent Control Appeal No. 8 of 2022 as also the judgment and order dated 24.5.2022 passed by the learned Prescribed Authority/Civil Judge (Sr.Div.), Banda in Rent Case No. 5 of 2018 (Ravi Kul Bansal v. Gauri Shankar Prajapati).
4. By the judgment and order dated 24.5.2022, the learned Prescribed Authority allowed the release application under Section 21 (1) (a) of U.P. Act No. 13 of 1972. By the judgment and order dated 6.1.2024, the A
The court established that a landlord's bona fide need for premises must be genuine, and the existence of alternate accommodations must be evaluated in context.
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.
The bona fide need of a landlord for eviction under the Uttar Pradesh Urban Buildings Act is a factual determination that should not be interfered with by the courts, and tenants cannot dictate the m....
The central legal point established in the judgment is the landlord's sole discretion in determining genuine accommodation requirements and the requirement for honest and untainted motives in establi....
The court established that a landlord's bona fide need for their property does not require absolute necessity, and long-term tenancy does not preclude eviction if the landlord's need is genuine.
The bona fide need of a landlord to evict tenants for an adult family member's independent business cannot be denied based solely on tenant longevity; evidence of genuine necessity must be considered....
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 court emphasized the importance of considering changed circumstances and the landlord's comparative hardship in determining the bona fide need for release applications.
The landlord's bona fide need for premises cannot be questioned by the tenant regarding alternative accommodation; the landlord is the sole arbiter of his needs.
The landlord's bona fide need for accommodation is paramount, and the tenant must prove sufficient alternative accommodation to challenge this need.
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