DHANNALAL versus KALAWATIBAI AND ORS.

DHANNALAL versus KALAWATIBAI AND ORS.

Where co-owner landlords, one or more belonging to categories in Section 23-J, jointly sue for eviction on a cause common to all, the choice of forum (Rent Controlling Authority under Chapter III-A or Civil Court under Section 12) lies with the landlords; bonafide requirement for purpose of business by widow landlady for her major sons falls under Section 23-A(b), justifying initiation of proceedings before the Rent Controlling Authority; respondents proved bonafide requirement and possession of no suitable alternative accommodation.

Parties
Appellant: Dhannalal; Respondent: Kala wa Tibai; Respondent: Govinda; Respondent: Hemant; Appellant: M/s. Tulsidas Sureshchandra
Jurisdiction
India
Judgment Date
08 July 2002
Procedural Posture
Civil Appeals / Appeal to Supreme Court From Order Dated 15.3.2001 of Madhya Pradesh High Court in Civil Revision Petition No. 316 of 1997
Outcome
appeals dismissed
Legal Topics
Eviction, Bonafide Requirement, Jurisdiction, Co Ownership, Forum Choice
Rent Control Landlord Tenant Eviction Bonafide Requirement Jurisdiction Co Ownership Forum Choice

Case Brief

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Parties

Dhannalal

Appellant

Kala wa Tibai

Respondent

Govinda

Respondent

Hemant

Respondent

M/s. Tulsidas Sureshchandra

Appellant

Procedural Posture

Civil Appeals / Appeal to Supreme Court From Order Dated 15.3.2001 of Madhya Pradesh High Court in Civil Revision Petition No. 316 of 1997

Legal Issues

  1. 1 Whether co-landlords can jointly initiate eviction proceedings before Rent Controlling Authority under Chapter III-A of the M.P. Accommodation Control Act, 1961
  2. 2 Whether the landlords have succeeded in making out a bonafide requirement within the meaning of Section 23-A(b) of the Act
  3. 3 Appropriate forum for eviction suit under M.P. Accommodation Control Act, 1961

Ratio Decidendi

Where co-owner landlords, one or more belonging to categories in Section 23-J, jointly sue for eviction on a cause common to all, the choice of forum (Rent Controlling Authority under Chapter III-A or Civil Court under Section 12) lies with the landlords; bonafide requirement for purpose of business by widow landlady for her major sons falls under Section 23-A(b), justifying initiation of proceedings before the Rent Controlling Authority; respondents proved bonafide requirement and possession of no suitable alternative accommodation.

Court Disposition

appeals dismissed

Orders

  • Appellants are allowed four months time for vacating the suit premises, subject to clearing arrears of rent and filing usual undertaking within four weeks.
  • Appeals dismissed with costs.