The State of Rajasthan & Anr. Vs. Shri Kanhaiya Lal and Others
EmailAppeal: Civil Appeal No. 3404 of 1987.
Arising out of Special Leave Petition No.11956 of 1987.
Arising out of Special Leave Petition No.11956 of 1987.
Petitioner: The State of Rajasthan & Anr.
Respondent: Shri Kanhaiya Lal and Others
Apeal: Civil Appeal No. 3404 of 1987.
Arising out of Special Leave Petition No.11956 of 1987.
Arising out of Special Leave Petition No.11956 of 1987.
Judges: SABYASACHI MUKHARJI & G.L. OZA, JJ.
Date of Judgment: Nov 17, 1987
Head Note:
RENT LAW
Eviction – Default in payment of rent – School being run by the Education Department in the premises – Appellant being willing to pay all the arrears of rent, the order of eviction set aside – Bona fide need of the landlord – Trial Judge to proceed with the suit on the question of bona fide need.
JUDGEMENT:
O R D E R
1. Special leave granted.
2. The order of the High Court is set aside subject to the following condition that the school which is being sought to be evicted by virtue of the order of eviction made before the High Court and the trial court is run by the Government of Rajasthan. The only ground on which the eviction order has been passed is the ground of default in payment of rent. In the interests of justice inasmuch as school is being run by the Education Department, Government of Rajasthan, therefore, it would not be appropriate to uphold that order when the appellants are willing to offer and to pay all arrears of rent. There was, however, another ground, that is to say the ground of bona fide need of the landlord too, that fact has not been gone into. The proper order in so far as the order of eviction on default in payment of rent, would be to set aside the High Court’s order but the suit to proceed before the learned trial Judge on the question of bona fide need and the learned Judge will hear and decide the same as expeditiously as possible and preferably within a period of six months from today. Until the disposal of the suit the appellants will pay the enhanced rent @Rs.500/- per month. The first of such payment shall be made from Ist November, 1987 and subsequent payment shall be paid by the 10th of each succeeding month. If the appellants so desire they can move the Court for fixation of rent but in no case the standard rent will not be less than Rs.500/- per month.
3. The appeal is disposed of accordingly.
1. Special leave granted.
2. The order of the High Court is set aside subject to the following condition that the school which is being sought to be evicted by virtue of the order of eviction made before the High Court and the trial court is run by the Government of Rajasthan. The only ground on which the eviction order has been passed is the ground of default in payment of rent. In the interests of justice inasmuch as school is being run by the Education Department, Government of Rajasthan, therefore, it would not be appropriate to uphold that order when the appellants are willing to offer and to pay all arrears of rent. There was, however, another ground, that is to say the ground of bona fide need of the landlord too, that fact has not been gone into. The proper order in so far as the order of eviction on default in payment of rent, would be to set aside the High Court’s order but the suit to proceed before the learned trial Judge on the question of bona fide need and the learned Judge will hear and decide the same as expeditiously as possible and preferably within a period of six months from today. Until the disposal of the suit the appellants will pay the enhanced rent @Rs.500/- per month. The first of such payment shall be made from Ist November, 1987 and subsequent payment shall be paid by the 10th of each succeeding month. If the appellants so desire they can move the Court for fixation of rent but in no case the standard rent will not be less than Rs.500/- per month.
3. The appeal is disposed of accordingly.
