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IN THE HIGH COURT OF ALLAHABAD
AJIT KUMAR
Bon Ton Plastics Pvt. Ltd. – Appellant
Versus
Ramesh Chawala – Respondent
| Table of Content |
|---|
| 1. background facts of tenancy dispute. (Para 2 , 3) |
| 2. arguments concerning joinder of causes and maintainability. (Para 4 , 5 , 6 , 8) |
| 3. judicial interpretation of joinder of parties and causes. (Para 9 , 11 , 12 , 13 , 14 , 15) |
| 4. principles of joinder in legal proceedings. (Para 10) |
| 5. affirmation of lower court's ruling. (Para 16 , 17) |
JUDGMENT :
Ajit Kumar, J.
1. Hear Sri Divakar Rai Sharma, learned counsel for the revision- applicant and Sri Ashish Kumar Singh, learned Advocate appearing for the landlord-respondent.
2. This revision application is directed against the final judgment and decree dated 02.02.2022 passed by the Judge, Small Causes Court in the suit of landlord-respondents in S.C.C. No.75 of 2013 for arrears of rent and ejectment.
3. It is an admitted position of fact between the parties that during pendency of the suit, the defence of the present petitioner was struck off under Order 15 Rule 5 CPC by the order passed by the trial judge on 31.05.2016 which was unsuccessfully challenged at a higher forum. Thus, there was no defence available to the trial court while it tried the suit of the landlord-respondents.
4. The judgment passed by the Judge, Small Ca
A single suit can be filed by multiple landlords against one tenant for joint tenancies as long as the assertion of common interest is valid, even in absence of defence.
Point of law: Eviction of tenant – Relief of arrears of rent - Court in exercise of powers under Section 25 of the Provincial Small Cause Court Act can interfere on limited grounds
Eviction of tenant - Unauthorized occupation of tenant - Intention and admission in pleadings indicates the creation of relationship of landlord and tenant and that the amount paid by the revisionist....
A landlord can seek eviction from a joint tenant for non-payment of rent, provided the demand notice covers the entire tenanted premises.
A landlord must issue a valid demand notice under Section 15(2) of the Maharashtra Rent Control Act before initiating eviction proceedings; failure to do so renders the suit invalid.
The court affirmed the revisional court's findings on landlord-tenant relationships and notice validity, emphasizing statutory interpretation and jurisdictional limits under the Provincial Small Caus....
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