Back
DWARKADHISH BANSAL
Hirdesh Dwivedi – Appellant
Versus
Ramu @ Gaurav Bhavsar – Respondent
JUDGMENT
1. This first appeal has been preferred by the appellant/defendant/tenant challenging the judgment and decree dated 1.11.2010 passed by First Additional District Judge, Raisen in civil suit No.10-A/2006 whereby trial Court has decreed respondent/plaintiff/landlord’s civil suit for eviction on the grounds under section 12(1)(f),(g)&(h) of the M.P. Accommodation Control Act, 1961 (in short ‘the Act’).
2. In short the facts are that the plaintiff instituted a suit with the allegations that plaintiff is owner of the shop in question admeasuring 10X20 sq.ft., which was let out on rent by previous owner and landlord Mahendra Singh to the defendant. It is alleged that father of the plaintiff namely Omprakash Bhavsar purchased the building of the shop (total area 10X84 = 840 sq.ft.) vide registered sale deed dated 5.12.1994 from its owner and got raised construction after due permission of the competent authority. After purchase of the shop, the defendant started making payment of rent to the plaintiff and paid monthly rent of Rs.1,000/- to the plaintiff upto 31.12.1995 and stopped paying rent w.e.f. 1.1.1996, hence a notice demanding arrears of rent was issued to the defendant. It
The tenant cannot deny the landlord's title once the property is transferred under the Transfer of Property Act, as established by the court's findings.
The judgment emphasizes the importance of proving the landlord-tenant relationship, bona fide need for eviction, and lack of other suitable accommodations in eviction cases under the M.P. Accommodati....
Transferee landlord can evict for personal necessity without attornment; unproven tenant-prior agreement to sell does not end tenancy; revisional court examines only legality, not reappreciates facts....
The court reaffirmed that bona fide need for premises may justify eviction, especially when tenant fails to pay rent and alternative accommodations are unavailable.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
