SAVITRI SAHAY versus SACHIDANAND PRASAD

SAVITRI SAHAY versus SACHIDANAND PRASAD

The landlord, as per the Bihar Buildings (Lease, Rent and Eviction) Act, 1982, Explanation II to Section 11(1)(c), is entitled to prefer a particular premise over others, and the tenant cannot question this choice. High Court's interference, based solely on availability and letting out of other flats, is unjustified unless there is evidence of lack of bona fide or good faith. If the landlord does not occupy the premises, tenant may apply for restoration and compensation under Section 17.

Parties
Appellant: Savitri Sahay; Respondent: S. Prasad (Sachidanand Prasad)
Jurisdiction
India
Judgment Date
31 October 2002
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed
Legal Topics
Bona Fide Requirement, Landlord's Preference, Revision Powers Under Rent Legislation
Rent Control Eviction Bona Fide Requirement Landlord's Preference Revision Powers Under Rent Legislation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Savitri Sahay

Appellant

S. Prasad (Sachidanand Prasad)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether landlord's preference for a particular flat and eviction suit is justified under Section 11(1)(c) of Bihar Buildings (Lease, Rent and Eviction) Act, 1982
  2. 2 Scope of High Court's revisional powers under Section 14(8) of the Act

Ratio Decidendi

The landlord, as per the Bihar Buildings (Lease, Rent and Eviction) Act, 1982, Explanation II to Section 11(1)(c), is entitled to prefer a particular premise over others, and the tenant cannot question this choice. High Court's interference, based solely on availability and letting out of other flats, is unjustified unless there is evidence of lack of bona fide or good faith. If the landlord does not occupy the premises, tenant may apply for restoration and compensation under Section 17.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court judgment set aside
  • Original eviction decree restored