Case Note & Summary
The present First Appeal under Section 96 of the Code of Civil Procedure, 1908, arises from a judgment and decree dated 31.12.2024 passed by the learned Additional Principal Judge, City Civil Court, Ahmedabad in Regular Civil Suit No. 505 of 2010. The respondent-plaintiff, Kantibhai Haribhai Patel, is the owner of Flat No. 9, bearing Municipal Tenement No. 0230-32-3006-001-V known as Narnaryan Avenue, situated at Ahmedabad, Naroda T.P. Scheme No.1, Final Plot Nos. 714715, Survey No.33, registered under Shree Dhanshyam Owners Association. The appellant-defendant, Bhagvatiben Rajnikant Panchal, initially intended to purchase the suit premises but, being unable to arrange the sale consideration, was permitted to occupy the suit premises as a monthly tenant with effect from 23.06.2005 on payment of rent of Rs.3,000/- per month. The plaintiff filed the suit for possession and arrears of rent, claiming that the defendant had not paid rent from 01.07.2005 to 30.06.2010, amounting to Rs.1,80,000/-, and that the plaintiff required the premises for his own bonafide need. The trial court decreed the suit directing the defendant to hand over vacant and peaceful possession and to pay Rs.1,08,000/- towards arrears of rent, along with mesne profits at Rs.3,000/- per month from the date of suit till delivery of possession. The appellant challenged the decree on the ground that she had paid rent and that the landlord's need was not bonafide. The High Court, after hearing both sides, held that the appellant failed to produce any documentary evidence to prove payment of rent, and the landlord's bonafide need was established through evidence. The court found no perversity or illegality in the trial court's judgment and dismissed the appeal with costs.
Headnote
A) Civil Procedure - First Appeal under Section 96 CPC - Eviction Decree - Challenge to judgment and decree dated 31.12.2024 passed by Additional Principal Judge, City Civil Court, Ahmedabad in Regular Civil Suit No. 505 of 2010 - Appellant-tenant failed to prove payment of rent and landlord's bonafide need was established - Held that the trial court's findings are based on evidence and no interference is warranted (Paras 1-10).
Issue of Consideration
Whether the appellant-tenant has proved payment of rent and whether the respondent-landlord's bonafide need for the suit premises is established.
Final Decision
The First Appeal is dismissed with costs. The judgment and decree dated 31.12.2024 passed by the learned Additional Principal Judge, City Civil Court, Ahmedabad in Regular Civil Suit No. 505 of 2010 is confirmed.
Law Points
- Burden of proof on tenant to establish payment of rent
- Landlord's bonafide need for premises
- Mesne profits calculation from date of suit till delivery of possession
