NDLI: Hukum Chandra (d) Thr. Lrs. Vs. Nemi Chand Jain and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Madhya Pradesh Accommodation Control Act 1961: s.12(1)(f)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Madhya Pradesh Accommodation Control Act, 1961 (14 of 1961)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Madhya Pradesh Accommodation Control Act, 1961:s.12(1)(f) – Eviction from shop on the ground of bonafide need –Eviction suit filed by respondent-landlord on the ground of bonafiderequirement to settle his son – Trial court dismissed the suit –However, first appellate court as well as High Court held thatlandlord had established bonafide requirement for establishingbusiness of his son – In the instant appeal, contention of tenantwas that the son of the landlord was already in the business ofutensils from the shop in the same building and this aspect was notconsidered by High Court and that High Court also failed to considerthe additional evidence adduced by appellant that another tenanthad vacated the shop occupied by him, and the same was availablefor son of respondent – Held: Mere fact that the son of the landlordfor whose requirement instant suit was filed was involved in thebusiness of utensils would not render bonafide need for the premisesas doubtful – It is not expected that the landlord’s son would sit idlewithout doing any work till the eviction petition is decided – If thereis categorical averment by the respondent that the premises isrequired for his son, his engaging in the business of utensils in themeanwhile, would not be a ground to deny decree for eviction –Further, vacation of another shop by another tenant and owned bythe landlord cannot be said to be available to respondent’s son asthe same was vacated for the bonafide requirement of another son– Rent Control and Eviction.Subsequent event: Rights of the parties stand crystallised onthe date of institution of the suit – However, in appropriate cases,court can take note of all the subsequent events – The normal ruleis that in any litigation the rights and obligations of the parties areadjudicated upon as they obtained at the commencement of thelitigation – Whenever, there is subsequent events of fact or law,which have a material bearing on the rights of the parties to relief or on the aspects of moulding appropriate relief to the parties, thecourt is not precluded from taking cognizance of the subsequentchanges of fact and law to mould the relief.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2018 INSC 1208
Petitioner	Hukum Chandra (d) Thr. Lrs.
Respondent	Nemi Chand Jain And Ors.
SCR	[2018] 13 S.C.R. 909
Judgement Date	2018-12-14
Case Number	3827

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