DR. H. K. SHARMA versus SHRI RAM LAL

DR. H. K. SHARMA versus SHRI RAM LAL

The execution of the agreement to sell the suit house did not result in determination or surrender of the tenancy since the agreement contained no express or implied provision for surrender. Thus, landlord-tenant relationship continued, making the eviction application maintainable. The High Court's factual finding...

Source-derived case information.

Parties
Appellant: Dr. H. K. Sharma; Respondent: Shri Ram Lal
Jurisdiction
India
Judgment Date
28 January 2019
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court Orders
Outcome
Appeals dismissed
Legal Topics
Eviction, Lease Surrender, Bona Fide Requirement, Agreement to Sell, Maintainability of Eviction Applications
Property Law Landlord Tenant Law Rent Control Eviction Lease Surrender Bona Fide Requirement Agreement to Sell Maintainability of Eviction Applications

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Parties

Dr. H. K. Sharma

Appellant

Shri Ram Lal

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court Orders

Legal Issues

  1. 1 Whether the agreement to sell the suit house terminated the landlord-tenant relationship and resulted in surrender of tenancy rights
  2. 2 Whether the eviction application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was maintainable
  3. 3 Whether respondent made out a case of bona fide need for his residence

Ratio Decidendi

The execution of the agreement to sell the suit house did not result in determination or surrender of the tenancy since the agreement contained no express or implied provision for surrender. Thus, landlord-tenant relationship continued, making the eviction application maintainable. The High Court's factual finding of bona fide need stands.

Court Disposition

Appeals dismissed

Orders

  • Appellant granted three months to vacate suit house, subject to furnishing undertaking within two weeks and paying entire arrears of rent and three months’ advance rent to respondent
  • Arrears of rent to be paid within one month from date of order