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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DWARKA DHISH BANSAL
Kabeer Ahmed (Dead) through LRs. Javeed Ahmad – Appellant
Versus
Sheikh Habib (Dead) through LRs. Smt. Abida Bi – Respondent
| Table of Content |
|---|
| 1. substitution of appellants and legal representatives (Para 1 , 2) |
| 2. allegations of rent default and tenant's payment claims (Para 3 , 4) |
| 3. court findings on evidence and rent payments (Para 5 , 10) |
| 4. court's analysis of provisional rent and legality of eviction (Para 11 , 12 , 14) |
| 5. legal principles governing tenant eviction for non-payment (Para 15 , 16) |
| 6. final judgment and decree in favor of the plaintiff (Para 17 , 18 , 19 , 20) |
JUDGMENT :
DWARKA DHISH BANSAL, J.
1. This second appeal is preferred by appellants-Kabir Ahmed and Shabir Ahmed (LRs of original plaintiff-Mst. Chhotam Bi) but during pendency of second appeal both the appellants also died, hence the present appellants were substituted at their place. Similarly, during pendency of second appeal original tenant/defendant-Sheikh Habib, also died and his legal representatives were substituted at his place.
2. Instant second appeal is preferred at the instance of plaintiffs/landlord challenging judgment and decree dated 26.07.1999 passed by Addl. District Judge, Burhanpur, in civil appeal no.235-A/87 affirming the judgment and decree dated 05.02.1987 passed by 3rd Civil Judge Class II, Burhanpur, in civil su
A tenant must regularly pay rent to retain occupancy; eviction can be granted even for a single default in payment.
Eviction under rent control law is warranted where the tenant defaults on rent for over six months, negating hardship claims absent a bona-fide requirement.
The court reinforced that concurrent findings of fact by lower courts are binding unless proven erroneous, particularly in eviction cases under the Rent Control Act.
When once eviction petition had been filed, there is no question of landlord losing his right to pursue the same notwithstanding the fact whether the tenant had deposited or was willing to deposit th....
The main legal point established in the judgment is that the benefit of first default in payment of rent by a deceased tenant extends to the heirs, and mere enhancement of rent without altering other....
The court established that consistent non-payment of rent during proceedings justifies eviction under the UP Rent Act.
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