OM PRAKASH versus BHAGWAN DAS

OM PRAKASH versus BHAGWAN DAS

The landlord fulfilled the statutory requirement for eviction under s.21(1)(a) of the Act; refusal of the application would cause greater hardship to him and deprive him of beneficial enjoyment of his property. The High Court was in error to interfere with the concurrent findings of fact and law by the authorities below.

Parties
Appellant: Om Prakash; Respondent: Bhagwan Das
Jurisdiction
India
Judgment Date
10 March 1986
Procedural Posture
Civil Appeal / Appeal From Order of Allahabad High Court in C.m.w.p. No. 11377 of 1980
Outcome
Appeal allowed. High Court judgment set aside. Orders of Prescribed Authority and Additional District Judge restoring release of accommodation to landlord reinstated.
Legal Topics
Eviction, Bona Fide Requirement of Landlord, Comparative Hardship, Rent Control
Property Law Landlord Tenant Law Eviction Bona Fide Requirement of Landlord Comparative Hardship Rent Control

Case Brief

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Parties

Om Prakash

Appellant

Bhagwan Das

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Allahabad High Court in C.m.w.p. No. 11377 of 1980

Legal Issues

  1. 1 Whether the landlord is entitled to eviction of tenant on bona fide need under s. 21(1)(a) of the U.P. Urban Buildings (Regulation of Rent and Eviction) Act, 1972 when suitable alternative accommodation is offered to the tenant.
  2. 2 Whether the High Court was justified in interfering with concurrent findings of the Prescribed Authority and Additional District Judge regarding comparative hardship.

Ratio Decidendi

The landlord fulfilled the statutory requirement for eviction under s.21(1)(a) of the Act; refusal of the application would cause greater hardship to him and deprive him of beneficial enjoyment of his property. The High Court was in error to interfere with the concurrent findings of fact and law by the authorities below.

Court Disposition

Appeal allowed. High Court judgment set aside. Orders of Prescribed Authority and Additional District Judge restoring release of accommodation to landlord reinstated.

Orders

  • Prescribed Authority, Varanasi, to allot the appellant’s rented premises to the respondent with consent; if not, to allot suitable alternative accommodation.
  • Eviction not to be executed for six months if respondent furnishes an undertaking within four weeks.