ANANDI D. JADHAV (DEAD) BY LRS . versus NIRMALA RAM CHANDRA KORE AND ORS .

ANANDI D. JADHAV (DEAD) BY LRS . versus NIRMALA RAM CHANDRA KORE AND ORS .

Eviction can be sought under Section 13(1)(1) only if the tenant fulfills one of the specified alternatives (built/acquired/allotted a suitable residence). The tenant in this case did not build the house, did not acquire legally enforceable possession, nor was allotted suitable accommodation. Merely being morally entitled to maintenance from her sons does not translate into a legal right of residence. Hence, the landlord cannot seek eviction on this ground.

Parties
Appellant: Anandi D. Jadhav (Dead) by LRS; Respondent: Nirmala Ram Chandra Kore; Respondent: Respondent No. 2; Respondent: Respondent No. 3
Jurisdiction
India
Judgment Date
05 April 2000
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Judgment in W.p. No. 167 of 1998
Outcome
Appeal dismissed
Legal Topics
Alternative Accommodation, Eviction Grounds, Tenant Definition, Maintenance Obligation
Rent Control and Eviction Alternative Accommodation Eviction Grounds Tenant Definition Maintenance Obligation

Case Brief

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Parties

Anandi D. Jadhav (Dead) by LRS

Appellant

Nirmala Ram Chandra Kore

Respondent

Respondent No. 2

Respondent

Respondent No. 3

Respondent

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Judgment in W.p. No. 167 of 1998

Legal Issues

  1. 1 Whether the landlord can seek eviction under Section 13(1)(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 on the ground that the tenant has alternate accommodation due to her sons building a house

Ratio Decidendi

Eviction can be sought under Section 13(1)(1) only if the tenant fulfills one of the specified alternatives (built/acquired/allotted a suitable residence). The tenant in this case did not build the house, did not acquire legally enforceable possession, nor was allotted suitable accommodation. Merely being morally entitled to maintenance from her sons does not translate into a legal right of residence. Hence, the landlord cannot seek eviction on this ground.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs