PUSHKAR SINGH versus ANSUIYA

PUSHKAR SINGH versus ANSUIYA

Eviction petition cannot be rejected solely on the ground of availability of alternative accommodation in the name of the landlord's wife if the tenant herself considers it unsuitable for the purpose of residence.

Parties
Appellant: Pushkar Singh; Respondent: Ansuiya
Jurisdiction
India
Judgment Date
22 August 2006
Procedural Posture
Civil Appeal / Final Appellate
Outcome
appeal allowed
Legal Topics
Eviction, Bona Fide Requirement, Alternative Accommodation
Rent Control Property Law Eviction Bona Fide Requirement Alternative Accommodation

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Parties

Pushkar Singh

Appellant

Ansuiya

Respondent

Procedural Posture

Civil Appeal / Final Appellate

Legal Issues

  1. 1 Whether the landlord's bona fide requirement is negated by availability of alternative accommodation in the name of his wife
  2. 2 Whether the eviction petition can be rejected solely due to existence of alternative accommodation

Ratio Decidendi

Eviction petition cannot be rejected solely on the ground of availability of alternative accommodation in the name of the landlord's wife if the tenant herself considers it unsuitable for the purpose of residence.

Court Disposition

appeal allowed

Orders

  • Impugned judgment and order of the Single Judge of the High Court is set aside.
  • Order of eviction by the Additional Rent Controller is restored.