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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PAVAN KUMAR DWIVEDI
Santosh Kumar – Appellant
Versus
Ramakanta – Respondent
ORDER :
1. The present second appeal has been filed by the tenant against the judgment and decree dated 08.02.2024 passed by the first appellate Court in Regular Civil Appeal No. 85/2019 whereby the judgment and decree of the trial Court dated 30.04.2019 passed in Civil Suit No. 116A/2019 was reversed and based on the bonafide need of the landlord-respondent/plaintiff, the decree for eviction was granted.
2. The facts of the case in short are that the respondent/plaintiff filed a suit for eviction in terms of Section 12(1)(a), (c) and (e) of the MP Accommodation Control Act, 1961 (hereinafter referred to as the 'Act of 1961') thereby praying for decree of eviction, payment of arrears of rent and mesne profit. The respondent/plaintiff stated in her plaint that the suit premises was rented to the appellant/defendant on 01.11.1997 on a rent of Rs. 1,250/- per month. The suit property is a residential house comprising ground as well as first floor. Initially, only ground floor was rented to the appellant/defendant. It was further averred that later on the first floor of the suit premises was also rented to the appellant/defendant on 01.01.2000 and the monthly rent was increased to Rs. 2,
The landlord's bona fide requirement for eviction is established even if he owns other properties, and the tenant cannot dictate the landlord's use of his properties.
The landlord's bona fide requirement for additional living space for a growing family takes precedence over a tenant's claim to a property used occasionally for health benefits.
The court held that the landlord's demonstrated bona fide need for the property justified the eviction despite tenant claims of hardship.
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....
Purpose of bona fide requirement of a landlord what is required is that it must be something more than a mere desire but need not certainly be a compelling or absolute or dire necessity
The bona fide requirement for landlord's premises must be substantiated with evidence, and landlords retain the right to determine their needs for personal or business use.
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