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2021 Supreme(UK) 551

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sharad Kumar Sharma, J.
Parul Prakash - Appellant
Versus
Anil Prakash & Ors. - Respondents
Writ Petition (M/S) No. 519 of 2019
Decided On : 22-02-2021

Advocates Appeared:
Shri Neeraj Garg, Advocate, for the Appellant; Shri D.S. Patni, Advocate, for the Respondent.

Headnote:(A) Act No. 13 of 1972 - Section 21(1)(a) - Writ Petition against concurrent judgments for eviction of tenant from residential accommodation - Application for release by landlord allowed due to bona fide need for additional residential space - Tenant used property for unauthorized commercial purposes - Tenancy established, but alternative accommodation available to tenant not genuinely pursued. (Paras 3, 6, 9, 12, 13, 70, and 81)

(B) Legal Principles - Bona fide requirement for eviction must be evidenced by landlord; tenant's comparative hardship claims must be substantiated - Burden of proof lies with tenant to show hardship or lack of alternative accommodation - Courts should not interfere unless substantial legal defects are present. (Paras 1, 4, 10, 18)

Facts of the case:
Tenant used residential premises for commercial purposes, leading to landlord's release application citing lack of space for family - Both lower courts ruled in favor of landlord's bona fide need.

Findings of Court:
Tenant failed to prove any significant hardship or lack of alternative accommodation - Landlord has right to seek possession if consistent with the law.

Issues: Determining landlord's bona fide need versus tenant's claims of hardship; legal sufficiency of notice requirements; burden of proof in tenancy disputes.

Ratio Decidendi: Courts upheld that sufficient grounds for eviction were met due to tenant's unauthorized use of premises and failure to demonstrate lack of alternatives, thus validating landlord's claim of bona fide need.

Result: Writ Petition dismissed; tenant directed to vacate premises.

ORDER

1. This is a tenant's Writ Petition, which has been preferred, by invoking Article 227 of the Constitution of India, as against the concurrent judgments, which has been rendered by both the Courts below in a proceedings, which were held under Section 21 (1) (a) of Act No. 13 of 1972, and as a consequence thereto, the release application, which was preferred by the respondents/landlord, seeking release of the tenement, in question, which happens to be a residential accommodation, has been allowed, and the petitioner/tenant, has been directed to vacate the premises and to hand over the vacant and peaceful possession of it, to the respondents/landlord, within 30 days from the date of the judgment of the Prescribed Authority.

2. Though this Court should have avoided to make this remark, but owning to the deliberate and intentional, modus operandi, which is normally adopted, which has now, become a regular feature, almost in most of the cases, which are filed by the learned counsel for the petitioner, this Court is constraint to make certain observations, which has been invariably found, to be followed by the learned Counsel, basically intended so as to mislead the Court or to avoid an adjudication of the case on merits and to pose the difficulty to the Court, at the time of hearing of the Writ Petition itself at admission stage, itself, by putting uncalled for documents, which are not even relevant, including the copy of the citation/judgments, on which he wants to rely, as part of the records of the Writ Petition, making the records of the Writ Petition, running into several volumes, and that too in a writ jurisdiction under Article 227 of the Constitution of India, which is arising of the concurrent judgments.

3. This has been a clear and a consistent device, and a tactics which has been adopted by the learned counsel for the petitioner, by placing voluminous records in the Writ Petition, including the copies of precedent/ judgments, on which, the reliance has been placed by the learned counsel for the petitioner, which in the instant case happens to be about 20 judgments, which the petitioner's counsel, contends to rely on, in support of his case, as against the concurrent finding of facts, which has been recorded by both the Courts, below and that too in a summary proceedings, which were held, under Section 21 (1) (a) of Act No. 13 of 1972. Though for the reasons to be recorded hereinafter, it could be apparently inferred, that even most of the judgments, on which, reliance has been made, are not even relevant for the purposes of consideration of the case, and even they may not be applicable under the facts and circumstances of the present case.

4. This attitude, adopted cannot be ruled out to be a professional and a strategic device, which is being adopted, so that Court may at the stage of hearing for admission of writ, due to paucity of time, would be constraint to admit, even the Writ Petitions, which are arising from concurrent judgments, in a summary rent control proceedings, where grant of interim order would become inevitable during its pendency, besides being taxing on the litigant also, to meet the artificially escalated expenses too, and this strategy is not an isolated example, but rather it is a regular feature, which had been adopted by the Counsel, as a routine in most of the cases, which are being instituted from his Chamber. This methodology is being deliberately adopted with a premonition, that if judgment is put to challenge before a superior platform, he may have his argument protected that the judgment relied by him, and which were on record, before the Court, were not considered by the Court, and thus the judgment is a consequence of non application of mind, by the High Court.

FACTS

5. The present Writ Petition has been preferred by the tenant/petitioner, being aggrieved against the judgments dated 25.11.2016 and 12.02.2019, which had been rendered by the Court of Prescribed Authority / Civil Judge (Senio

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