A.K. JAIN versus PREM KUMAR

A.K. JAIN versus PREM KUMAR

The landlord’s retirement and expanded family needs occurring during proceedings are relevant to personal necessity under s.13(3)(a)(i) and justify eviction; procedural technicalities such as lack of formal amendment do not bar consideration of admitted subsequent events.

Parties
Appellant: A.K. Jain; Respondent: Prem Kumar
Jurisdiction
India
Judgment Date
28 July 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Eviction, Personal Necessity, Procedural Requirements, Family Accommodation
Rent Control Property Law Eviction Personal Necessity Procedural Requirements Family Accommodation

Case Brief

Summary, issues, holding and outcome

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Parties

A.K. Jain

Appellant

Prem Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the landlord's retirement and changing family circumstances justify eviction on ground of personal necessity under s. 13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973
  2. 2 Whether failure to formally amend pleadings to bring subsequent events on record bars consideration of such events by the appellate authority
  3. 3 Whether eviction based on growing needs of the landlord's son requires pleading under s. 13(3)(a)(ii)

Ratio Decidendi

The landlord’s retirement and expanded family needs occurring during proceedings are relevant to personal necessity under s.13(3)(a)(i) and justify eviction; procedural technicalities such as lack of formal amendment do not bar consideration of admitted subsequent events.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Order of Appellate Authority restored