DATTONPANT GOPALVARAO DEVAKATE versus VITHABRAO MARUTHIRAO JANAGAVAL

DATTONPANT GOPALVARAO DEVAKATE versus VITHABRAO MARUTHIRAO JANAGAVAL

The notice terminating tenancy was invalid as it did not expire with the end of the correct tenancy month; the monthly tenancy started from the 10th of a month, ending on the 9th of the next, not 9th to 8th as held by lower courts. In absence of valid and legal termination, eviction order could not be sustained.

Parties
Appellant: Daitonpant Gopalvarao Devakate; Respondent: Vithabrao Maruthirao Janagaval
Jurisdiction
India
Judgment Date
03 April 1975
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of Karnataka High Court in Revision
Outcome
Appeal allowed; eviction decree set aside.
Legal Topics
Termination of Tenancy, Notice to Quit, Holding Over, Personal Requirement of Landlord, Comparative Hardship
Property Law Tenancy Law Termination of Tenancy Notice to Quit Holding Over Personal Requirement of Landlord Comparative Hardship

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Parties

Daitonpant Gopalvarao Devakate

Appellant

Vithabrao Maruthirao Janagaval

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of Karnataka High Court in Revision

Legal Issues

  1. 1 Whether the notice terminating the tenancy was valid and in accordance with law.
  2. 2 Whether the lease was for manufacturing purposes, and the nature of the tenancy after expiry of the fixed term.
  3. 3 Whether the landlord reasonably and bona fide required the premises for personal occupation.

Ratio Decidendi

The notice terminating tenancy was invalid as it did not expire with the end of the correct tenancy month; the monthly tenancy started from the 10th of a month, ending on the 9th of the next, not 9th to 8th as held by lower courts. In absence of valid and legal termination, eviction order could not be sustained.

Court Disposition

Appeal allowed; eviction decree set aside.

Orders

  • Decree of eviction passed against the appellant set aside.
  • In the circumstances, no order as to costs.