Sunday, 17 September 2017

When it is permissible to grant eviction decree on ground of bonafide requirement?

Even on the ground of bonafide requirement, I find that the Trial Court as well as the Appellate Court have given due consideration to this issue and thereafter come to the conclusion that even on this ground, the Suit was not barred by the principles of res judicata. It is not in dispute that as far as the first Suit was concerned, the same was filed by the Plaintiff and his brothers and the Plaintiff was unable to make out a case for bonafide requirement. In the facts of the present case, circumstances have clearly changed. The Plaintiff has now retired from service and so as his wife who had accommodation in Alibag at the time when the first Suit was filed. In the second Suit, it is specifically averred that the Plaintiff and his wife have retired and are living in rental accommodation in Alibag and they have no other accommodation in Alibag nor the means to purchase another accommodation in Mumbai. It is in these circumstances, the Plaintiff pleaded that he bonafide required the suit premises for his personal use and occupation. It is therefore clear that the bonafide requirement that is now pleaded in the second Suit is totally different from the one that was pleaded in the earlier Suit. As mentioned earlier, in the earlier Suit, the bonafide requirement pleaded was not on behalf of the Plaintiff but also on behalf of his brothers. Since his brothers have now got suitable alternate premises, the Plaintiff would be the only person to have the bonafide requirement of the suit premises. It is in these circumstances, he has approached this Court on this ground. Looking to all these facts, I think that the Courts below were fully justified in coming to the conclusion that the subsequent Suit filed by the Plaintiff inter alia on the ground of non-user as well as bonafide requirement was not barred by the principles of res judicata.
IN THE HIGH COURT OF BOMBAY

Civil Revision Application No. 746 of 2015

Decided On: 15.06.2017

Shridhar Dattatraya Karadkar Vs. Narayan Laxman Soparkar


Hon'ble Judges/Coram:
B.P. Colabawalla, J.

Citation: 2017(4) MHLJ 713.
Read full judgment here: Click here
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