Wednesday, 8 May 2019

Whether non disclosure of sale of property prior to institution of eviction suit amounts to suppression of material facts by landlord

 So far as the question of sale of property by the landlord on 03.07.2001 is concerned, it was before institution of proceedings for eviction. On the date of institution of proceedings, this accommodation which was already sold and the same was not available with the landlord. The requirement of Section 16(1)(g) r/w Section 16(2), is in respect of the disclosure of the premises/area in occupation/use of the landlord, on the date of institution of the proceedings. Hence, non-disclosure of such sale on 03.07.2001, by the landlord in his application, in my opinion, does not amount to suppression of any material facts. Apart from this, there is no pleading by tenant in written statement in respect of such sale. It is for the tenant to specifically plead such fact and bring on record the evidence to establish the animus possidendi or oblique motive, on the part of the landlord. Even the sale was prior to institution of proceedings, the tenant had a full opportunity to raise appropriate plea in respect thereof and to avail full opportunity, to place evidence on record. The tenant has, in the instant case, failed to plead this fact and has further failed to avail an opportunity provided to him by the Trial Court. The enquiry in to such questions involve resolution of disputed questions of facts. If this plea had been raised by the tenants, the landlord would have got sufficient opportunity to defend it. Hence, such a plea can not, for the first time, be entertained by this Court, in revisional jurisdiction.

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Civil Revision Application No. 244 of 2007

Decided On: 14.12.2009

 Bismilla Bee  Vs. Anwar


Hon'ble Judges/Coram:
R.K. Deshpande, J.

Citation: 2010(2) MHLJ 829,2010(1) ALLMR 889.
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