Case Note & Summary
The petitioner, Tirathdas Pokhardas Kalda, aged about 83 years, is the owner of a house at Teen Nal square, Nagpur, which includes a shop block of about 500 square feet let out to two brothers, Assumal and Lalumal, for running a hotel. In 1988, the landlord sought eviction on the ground of bonafide need under Clause 13(3)(vi) of the C.P. & Berar Rent Control Order, 1949. Lalumal died in 1981, and his widow Shantidevi was joined as a party. Assumal died during the proceedings, and his legal heirs, including his son Satish, were added. The Rent Controller granted permission to sue on 13/4/2001, after which the landlord issued a quit notice under Section 106 of the Transfer of Property Act, determining tenancy by 31st July, 2001. The notice was served on some respondents but returned as 'not claimed' for others. The respondents filed a common written statement. The Trial Court decreed eviction, but the Appellate Court reversed and dismissed the suit. The landlord challenged this under Article 227 of the Constitution. The High Court found that the Appellate Court's decision was perverse and not based on evidence, and restored the Trial Court's decree of eviction.
Headnote
A) Rent Control - Bonafide Need - Eviction - Clause 13(3)(vi) C.P. & Berar Rent Control Order, 1949 - Landlord's bonafide need for commercial premises - Trial Court decreed eviction but Appellate Court reversed - High Court under Article 227 held that the Appellate Court's finding was perverse and not based on evidence - Held that the landlord's need was bonafide and the Appellate Court erred in dismissing the suit (Paras 1-10).
Issue of Consideration
Whether the Appellate Court erred in reversing the Trial Court's decree of eviction on the ground of bonafide need of the landlord under Clause 13(3)(vi) of the C.P. & Berar Rent Control Order, 1949.
Final Decision
The High Court allowed the writ petition, set aside the Appellate Court's judgment, and restored the Trial Court's decree of eviction.
Law Points
- Bonafide need of landlord
- Eviction decree
- Rent control
- Section 106 Transfer of Property Act
- Clause 13(3)(vi) C.P. & Berar Rent Control Order
- 1949
- Article 227 Constitution of India
