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RAJEEV KUMAR SHRIVASTAVA
Ajay Kumar Jain – Appellant
Versus
Hujefa – Respondent
JUDGMENT :
Rajeev Kumar Shrivastava, J.
1. This second appeal has been filed under Section 100 of CPC against the impugned judgment and decree dated 30.08.2018 passed by Fifth Additional District Judge, Guna in Civil Appeal No. 103A/2016, which was filed challenging the judgment and decree dated 16.9.2016 passed by Third Additional Judge, Guna to the Court of First Civil Judge Class-2, Guna in Civil Suit No. 104A/2009.
2. The facts of the case in brief are that the plaintiffs/respondents owned and possessed the disputed house as per map annexed with the plaint, which was let out to defendants/appellants as per rent deed dated 1.3.1997. The defendants-tenant have not paid the rent from May 2009 onwards. The disputed house is in dilapidated condition and there was apprehension of unhappening, therefore, the defendant-tenants were requested to vacate the disputed house but thereafter the defendants-tenant did not vacate the disputed house. The disputed house was needed to the plaintiffs/landlord for running their business and for which a notice was served upon the defendants-tenant by the plaintiffs-landlord through their counsel for terminating the tenancy w.e.f. 30.6.2009 and handing o
The genuine need of the landlord for the premises and the default in rent payment by the tenant are crucial factors in eviction cases.
The bona fide need of a landlord under the M.P. Accommodation Control Act includes the needs of their spouse, and heirs can execute eviction decrees despite the original landlord's death.
The court reaffirmed that bona fide need for premises may justify eviction, especially when tenant fails to pay rent and alternative accommodations are unavailable.
The requirement of substantial questions of law and the impact of new tenancy acts on ongoing proceedings must be carefully considered by the court.
Tenancy and Land Lord - Bona fide & ‘need’ - If a landlord is in genuine and bona fide need of a tenanted portion, tenant cannot legally raise the issue that space available with landlord is adequate....
Senior citizen landlords are entitled to immediate possession under Section 10C of the Act without needing to prove bona fide requirement as strictly as under other provisions.
The landlord is the best judge of his need and the court cannot advise the landlord to compromise his necessity for the benefit of the tenant.
Control of Eviction of Tenants - Restriction on eviction of tenants - Bonafide - First appellate Court is absolutely unjustified in setting aside decree of eviction granted by trial Court under Secti....
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