RAMESH CHANDRA BHANDARI versus RAM SINGH SALAL
High Court rightly allowed eviction petition for bona fide need but was not justified in granting 2 years' time to vacate in absence of justifiable cause, statutory provision, or contract; reasonable time to vacate (up to 31 August 2016) granted instead.
- Parties
- Appellant: Ramesh Chandra Bhandari; Respondent: Ram Singh Salal
- Jurisdiction
- India
- Judgment Date
- 18 January 2016
- Procedural Posture
- Civil Appeal / Final Judgment (appeal From High Court Order)
- Outcome
- Appeal allowed in part; order modified.
- Legal Topics
- Eviction, Bona Fide Need, Regulation of Letting and Rent, Statutory Presumption for Army Officials, Time for Tenant to Vacate, Extreme Hardship
Case Brief
Summary, issues, holding and outcome
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Parties
Ramesh Chandra Bhandari
Appellant
Ram Singh Salal
Respondent
Procedural Posture
Civil Appeal / Final Judgment (appeal From High Court Order)
Legal Issues
- 1 Whether High Court was justified in granting 2 years' time to tenant to vacate after ordering eviction
- 2 Whether the appellant's bona fide need for the suit shop was proved under Section 21(1)(a) of U.P. Urban Buildings Act
Ratio Decidendi
High Court rightly allowed eviction petition for bona fide need but was not justified in granting 2 years' time to vacate in absence of justifiable cause, statutory provision, or contract; reasonable time to vacate (up to 31 August 2016) granted instead.
Court Disposition
Appeal allowed in part; order modified.
Orders
- Respondent granted time to vacate suit shop up to 31 August 2016.
- Respondent must deposit entire arrears of rent up to date at rate paid, within one month.
Full Case Text
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