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  • S.B.CIVIL MISC. APPEAL NO. 807/2009 (Smt. Chandra vs. Mohan Singh) DATE OF ORDER: 14/12/2009

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    This document summarizes a court case appeal. The appellant landlord filed an eviction suit against the respondent tenant for bonafide necessity and non-payment of rent since 1992. The first appellate court set aside the eviction decree and remanded the case back to the trial court for consideration of two additional issues. However, the higher court found that the grounds for remand were not justified, as it was not necessary to implead all legal heirs of the previous owner, and failure to claim rent arrears after termination of tenancy was also not relevant. Therefore, the higher court allowed the appeal and set aside the first appellate court's order remanding the case.

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    This document summarizes a court case appeal. The appellant landlord filed an eviction suit against the respondent tenant for bonafide necessity and non-payment of rent since 1992. The first appellate court set aside the eviction decree and remanded the case back to the trial court for consideration of two additional issues. However, the higher court found that the grounds for remand were not justified, as it was not necessary to implead all legal heirs of the previous owner, and failure to claim rent arrears after termination of tenancy was also not relevant. Therefore, the higher court allowed the appeal and set aside the first appellate court's order remanding the case.

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    2 views2 pages

    S.B.CIVIL MISC. APPEAL NO. 807/2009 (Smt. Chandra vs. Mohan Singh) DATE OF ORDER: 14/12/2009

    Uploaded by

    Manoj Kumar
    This document summarizes a court case appeal. The appellant landlord filed an eviction suit against the respondent tenant for bonafide necessity and non-payment of rent since 1992. The first appellate court set aside the eviction decree and remanded the case back to the trial court for consideration of two additional issues. However, the higher court found that the grounds for remand were not justified, as it was not necessary to implead all legal heirs of the previous owner, and failure to claim rent arrears after termination of tenancy was also not relevant. Therefore, the higher court allowed the appeal and set aside the first appellate court's order remanding the case.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    S.B.CIVIL MISC. APPEAL NO. 807/2009 (Smt. Chandra vs.

    Mohan Singh) DATE OF ORDER : 14/12/2009

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    S.B.CIVIL MISC. APPEAL NO. 807/2009 (Smt. Chandra vs. Mohan Singh) DATE OF ORDER : 14/12/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.J.R.Patel, for the appellant. Mr.N.A.Rajpurohit, for the respondent.

    This appeal is directed against the order passed by first appellate court dated 12/5/2009, whereby, the learned first appellate court set aside the eviction decree against the respondent-defendant Mohan Singh and remanded the case back to the learned trial court for framing additional issues on two counts; (i) as to whether it was necessary to implead all the legal heirs of deceased Narayan Das in the suit as plaintiff and (ii) as to whether the demand of rent after the termination of tenancy ought to have been included in the suit as arrears of rent. The eviction suit was filed by the appellant landlord on the ground of bonafide necessity and for recovery of arrears of rent. Learned counsel for the appellant Mr.J.R.Patel informed the court that respondent defendant has not paid any rent to the appellant landlord since 1992 and is enjoying the possession of the suit property, a shop in question, without payment of any rent. He submitted that there was no ground to remand the case back to the learned trial court on these issues, which are not even relevant to the grounds on which the

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    eviction was sought. Having heard learned counsels, this Court finds that both the grounds taken by the learned first appellate court for remanding the case back to the trial court are not justified and the learned first appellate has erred in setting aside the eviction decree on the aforesaid grounds. It was not necessary to implead all the legal representatives of Narayan Das because the appellant Smt. Chandra being widow of Narayan Das was entitled to pursue the suit for eviction and secondly as far as arrears of rent is concerned, it is not necessary to claim arrears of rent in the suit itself after the tenancy has been terminated by the notice. Therefore, both the grounds for remanding the case back to learned trial court are not justified. Consequently, this appeal is allowed and the impugned order of learned first appellate court dated 12/5/2009 is set aside. No order as to costs.

    (DR.VINEET KOTHARI), J. Item no. 76 baweja/-

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