Case Note & Summary
The petitioner, Smt. S.O. Suri alias Smt. S.S. Gharati, is the legal representative of the deceased landlord, Shri Om Prakash Suri. The landlord had instituted a suit for eviction of the respondent-tenant, M/s. Chemiequip Ltd., from Flat No.24, Radheshyam Cooperative Housing Society Ltd., O.T. Section, Ulhasnagar, on grounds including default in payment of rents and municipal taxes, non-user of the suit premises without reasonable cause, and bonafide requirement under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Trial Court (Civil Judge (J.D.) Ulhasnagar) vide judgment and order dated 30th April 1994 ordered eviction on the ground of bonafide requirement. The respondent-tenant appealed, and the Appeal Court (IInd Additional District Judge, Kalyan) vide judgment and order dated 18th February 1998 allowed the appeal and set aside the eviction order. The petitioner-landlord then filed the present writ petition challenging the Appeal Court's order. The High Court heard Mr. Vinod N. Tayade for the petitioner; the respondent was served but did not appear. The court found that the Appeal Court had failed to appreciate the scope and import of Section 13(1)(g) and thus warranted interference. The High Court allowed the petition, set aside the Appeal Court's order, and restored the Trial Court's eviction decree.
Headnote
A) Rent Control - Bonafide Requirement - Section 13(1)(g) Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Landlord sought eviction of tenant on ground of bonafide need for suit premises - Trial Court ordered eviction, Appeal Court reversed - High Court held that Appeal Court failed to appreciate scope of Section 13(1)(g) and set aside its order, restoring Trial Court's eviction decree - Held that landlord's bonafide need was established (Paras 1-6).
Issue of Consideration
Whether the Appeal Court erred in reversing the Trial Court's eviction order on the ground of bonafide requirement under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Final Decision
The High Court allowed the writ petition, set aside the impugned judgment and order dated 18th February 1998 of the IInd Additional District Judge, Kalyan, and restored the judgment and order dated 30th April 1994 of the Civil Judge (J.D.) Ulhasnagar ordering eviction of the respondent-tenant.
Law Points
- Bonafide requirement under Section 13(1)(g) of Bombay Rents
- Hotel and Lodging House Rates Control Act
- 1947
- Eviction decree set aside by Appeal Court
- Landlord's bonafide need for suit premises
