SHEELA Vs. FIRM PRAHLAD RAI PREM PRAKASH
LAWS(SC)-2002-3-27
SUPREME COURT OF INDIA
Decided on March 04,2002

SHEELA Appellant
VERSUS
FIRM PRAHLAD RAI PREM PRAKASH Respondents





Cited Judgements :-

MUKESH KUMAR VS. RISHI PRAKASH [LAWS(DLH)-2009-10-253] [REFERRED TO]
PRAVEEN SHARMA (SINCE DECEASED) AND OTHERS VS. RAVI KUMAR AND ANOTHER [LAWS(ALL)-2019-3-114] [REFERRED TO]
HANSA DEVI VS. KARTAR SINGH ARORA [LAWS(CHH)-2010-11-33] [REFERRED TO]
P M PARTHAKUMAR VS. AJITH VISWANATHAN [LAWS(KER)-2006-3-39] [REFERRED TO]
GAYATRI DEVI SHRI CHANDRA PRAKASH ALIAS CHAMRU RAM VS. SHYAM SUNDER SHRI PHARENDA RAM [LAWS(ALL)-2006-4-290] [REFERRED TO]
HARI SHANKAR VS. OM PRAKASH (SINCE DECEASED) [LAWS(ALL)-2017-2-193] [REFERRED TO]
MOHD. NASEER VS. MOHD. ZAHEER AND ANR. [LAWS(DLH)-2016-11-115] [REFERRED TO]
INSTITUTE OF HUMAN BEHAVIOUR AND ALLIED SCIENCES VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2012-3-143] [REFERRED TO]
INDERMAL GUPTA VS. SUNDER SINGH [LAWS(DLH)-2012-10-94] [REFERRED TO]
KESAR SINGH VS. FINANCIAL COMMISSIONER [LAWS(P&H)-2013-7-241] [REFERRED TO]
YADAV MAHADU KOLI VS. SUMITRABAI POPATLAL SHAH [LAWS(BOM)-2009-9-174] [REFERRED TO]
SAQIB KHAN VS. RAVINDRA SURI [LAWS(MPH)-2014-11-6] [REFERRED TO]
RAVI PRAKASH VS. HUSSAIN ALI [LAWS(MPH)-2017-4-71] [REFERRED TO]
PARTIES NAME PRAKASH PAHUJA VS. DEVENDRA KUMAR JAIN [LAWS(MPH)-2018-2-479] [REFERRED TO]
SANJAY BHARDWAJ, SON OF LATE RADHESHYAM @ RADHESHYAM NAVIN RESIDENT OF MOHALLA VS. CHANDAN KESHRI, SON OF SRI MOHAN PRASAD KESHRI RESIDENT OF MOHALLA [LAWS(PAT)-2016-6-139] [REFERRED TO]
JAGDISH S/O GANGARAMJI VS. RAMGOPAL @ GOPAL [LAWS(MPH)-2019-12-5] [REFERRED TO]
PRAKASH PAHUJA VS. DEVENDRA KUMAR [LAWS(MPH)-2018-2-99] [REFERRED TO]
NARENDRA KUMAR JAIN VS. NIRMALCHANDRA JAIN [LAWS(MPH)-2018-5-191] [REFERRED TO]
BHAGWANDAS VS. ASHOK KUMAR [LAWS(MPH)-2012-11-133] [REFERRED TO]
BOORUGU MAHADEV & SONS VS. SIRIGIRI NARASING RAO [LAWS(SC)-2016-1-150] [REFERRED TO]
RAGHUBIR CHAND MAHAJAN VS. INDIAN BANK [LAWS(P&H)-2015-7-125] [REFERRED TO]
JISHAN ALI VS. SAVITA DEVI [LAWS(DLH)-2002-5-87] [REFERRED TO]
M/S NARANG MEDICINE COMPANY VS. SWARAN LATA AGARWAL & ANR. [LAWS(DLH)-2017-2-17] [REFERRED TO]
RAM PRASAD VS. A.D.J., COURT NO. 3 AND OTHERS [LAWS(ALL)-2012-11-208] [REFERRED TO]
AZIZ ULLAH CHAUHAN VS. ABDUL MOHI [LAWS(ALL)-2011-7-191] [REFERRED TO]
PARDEEP KUMAR VS. ASHWANI KUMAR [LAWS(HPH)-2019-11-216] [REFERRED TO]
SURESH KUMAR YADAV VS. PRASHANT ARORA [LAWS(ALL)-2008-7-26] [REFERRED TO]
SACHINDRA NATH MITRA VS. RAM BHARAT PANDEY & ORS [LAWS(CAL)-2018-2-46] [REFERRED TO]
JAIPAL CHOUDHARY VS. CHHATTISGARH WAKF BOARD [LAWS(CHH)-2020-12-20] [REFERRED TO]
ASHOK KUMAR GUPTA VS. GAURI BAGCHI [LAWS(CHH)-2020-2-159] [REFERRED TO]
YAMEEN VS. SALEEM KHAN [LAWS(DLH)-2002-5-109] [REFERRED]
SURESH MANDHYAM VS. SHAILENDRA KUMAR NAMDEO [LAWS(CHH)-2019-3-234] [REFERRED TO]
AMRITLAL VS. RAMESH KUMAR MISHRA [LAWS(CHH)-2007-9-9] [REFERRED TO]
M/S. A.B.CORPORATION VS. VISHNU KUMAR AGRAWAL [LAWS(ALL)-2021-3-90] [REFERRED TO]
ANIL BHASIN VS. IMARTI DEVI [LAWS(DLH)-2017-11-72] [REFERRED TO]
BRIJ BHUSHAN SHARMA VS. KAMLA PRASAD [LAWS(ALL)-2011-7-70] [REFERRED TO]
BHAGWANDAS VS. ASHOK KUMAR S/O RADHIKA PRASAD [LAWS(MPH)-2012-11-60] [REFERRED TO]
GOVARDHAN DAS S/O BANAMAL VS. ASHOK KUMAR S/O RADHIKA PRASAD [LAWS(MPH)-2012-11-61] [REFERRED TO]
DEVA SAHAYAM VS. P SAVITHRAMMA [LAWS(SC)-2005-9-49] [REFERRED TO]
NEW BOMBAY STORES VS. NARBHERAM LEASING CO (PVT ) LTD [LAWS(JHAR)-2019-4-20] [REFERRED TO]
DEVRAJ S/O BALDEV PRASAD SHARMA VS. NAINA DEVNANI W/O RAMESH DEVNANI AND OTHERS [LAWS(MPH)-2007-10-84] [REFERRED TO]
VINOD KUMAR VS. NEELAM CHHABRA [LAWS(P&H)-2015-2-348] [REFERRED TO]
ROSHAN BAI VS. MADAN LAL [LAWS(RAJ)-2006-8-89] [REFERRED TO]
SALIM KHAN SINCE DECEASED VS. RUKMANI DEVI [LAWS(DLH)-2021-1-139] [REFERRED TO]
AKHILESHWAR KUMAR PATHAK VS. THE STATE OF BIHAR [LAWS(PAT)-2015-8-134] [REFERRED]
PREM NARAYAN SHARMA VS. KAMAL KISHORE SHARMA [LAWS(MPH)-2017-12-25] [REFERRED TO]
RAJENDRA PRASAD VS. HITENDRA KUMAR JAIN [LAWS(MPH)-2017-3-158] [REFERRED TO]
MOLANA VS. JAGDISH & ANOTHER [LAWS(MPH)-2018-2-581] [REFERRED TO]
RAMESHWAR VS. SHYAMPATI [LAWS(RAJ)-2004-5-8] [REFERRED TO]
KESHAR BAI VS. CHHUNULAL [LAWS(SC)-2014-1-14] [REFERRED TO]
TMT. KASTHURI RADHAKRISHNAN & ORS. VS. M. CHINNIYAN & ANR. [LAWS(SC)-2016-1-67] [REFERRED TO]
PURSHOTTAM RATHORE VS. SONU [LAWS(MPH)-2014-8-166] [REFERRED TO]
YASHPAL SINGLA VS. VIJAY KUMAR [LAWS(P&H)-2004-4-27] [REFERRED TO]
MEENAMAL VS. MADAN MOHAN AGRAWAL [LAWS(MPH)-2005-4-78] [REFERRED TO]
RAM PUKAR SINGH VS. BHIMSEN [LAWS(MPH)-2005-9-7] [REFERRED TO]
RAJARAM VS. MUKESH KUMAR [LAWS(MPH)-2010-7-96] [REFERRED TO]
JAI PRAKASH (JAI PRASAD) VS. SPECIAL JUDGE (P C ACT) LUCKNOW [LAWS(ALL)-2015-1-66] [REFERRED TO]
RAJENDER KUMAR SHARMA VS. IIND A D J [LAWS(ALL)-2005-12-109] [REFERRED TO]
GAYATRI DEVI VS. IST ADDL DISTRICT JUDGE GORAKHPUR [LAWS(ALL)-2006-4-27] [REFERRED TO]
BHAGWAT VS. ADDL DISTRICT JUDGE BULANDSHAHR [LAWS(ALL)-2008-5-149] [REFERRED TO]
JUGAL KISHORE PANDEY VS. ADDITIONAL DISTRICT JUDGE, COURT NO.5,GORAKSHPUR [LAWS(ALL)-2016-4-175] [REFERRED TO]
RAM PRASAD AGRAWAL VS. RAMMANOHAR SONI [LAWS(CHH)-2007-8-1] [REFERRED TO]
RAM KUMAR TIWARI VS. MAYA DEVI [LAWS(JHAR)-2019-4-62] [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LTD VS. MANISHRAJ [LAWS(CHH)-2020-8-90] [REFERRED TO]
MADHORAM AND SONS VS. MURLIDHAR GUPTA [LAWS(CHH)-2023-6-10] [REFERRED TO]
SUBHASH JAISWAL VS. TRILOKINATH KAKKAD [LAWS(MPH)-2012-9-264] [REFERRED TO]
HUKMA DEVI VS. BHAGWAN DASS [LAWS(P&H)-2003-2-94] [REFERRED TO]
NARINDER KUMAR PRASHAR VS. BHAGWAN DASS SOOD CHARITABLE TRUST [LAWS(P&H)-2017-3-69] [REFERRED TO]
K C AGRAWAL VS. HARDIP SINGH [LAWS(DLH)-2004-12-27] [REFERRED TO]
VINAY EKNATH LAD VS. CHIU MAO CHEN [LAWS(SC)-2019-12-85] [REFERRED TO]
APOLLO ZIPPER INDIA LIMITED VS. W NEWMAN AND CO LTD [LAWS(SC)-2018-4-102] [REFERRED TO]
LAXMIBAI AND ANOTHER VS. YOGESH KUMAR GLOCHA [LAWS(CHH)-2016-1-52] [REFERRED]
A.AHMED JI BHAI VS. KRISHNA KUMARI BHANJDEV RAJMATA [LAWS(CHH)-2019-9-136] [REFERRED TO]
SWARN SINGH VS. MANISH PRAKASH AND ANOTHER [LAWS(ALL)-2016-5-309] [REFERRED]
ANIL KUMAR SAXENA VS. A D J AND ANOTHER [LAWS(ALL)-2016-7-137] [REFERRED]
SAMBHU NATH DAN VS. KANAK KUMAR KUNDU [LAWS(CAL)-2019-8-114] [REFERRED TO]
NAZARUDDIN VS. ISMAILE HUSSAIN [LAWS(CHH)-2005-10-7] [REFERRED TO]
PUNEET PRAKASH VS. SURESH KUMAR SINGHAL & ANR [LAWS(DLH)-2018-7-336] [REFERRED TO]
HANS RAJ VS. RAGHUVIR SINGH [LAWS(DLH)-2020-1-166] [REFERRED TO]
INSTITUTE OF HUMAN BEHAVIOUR & ALLIED SCIENCES VS. GOVT. OF NCT OF DELHI [LAWS(DLH)-2012-3-391] [REFERRED TO]
BINOD MERCAMTILE CO LTD VS. BINOD BEHARI DUTT TRUST [LAWS(CAL)-2007-5-32] [REFERRED TO]
AVINASH CHANDRA SRIVASTAVA VS. KIRAN SRIVASTAVA [LAWS(ALL)-2010-8-44] [REFERRED TO]
NIRANJAN LAL VS. LALA RAM [LAWS(RAJ)-2022-4-238] [REFERRED TO]
AKILA BAI AND OTHERS VS. DECEASED SHRAWAN KUMAR [LAWS(MPH)-2017-12-221] [REFERRED TO]
RAKESH KAKKAR VS. SUBODH MOHAN [LAWS(ALL)-2004-8-192] [REFERRED TO]
ATHAR (LEGAL HEIR OF LT. ASHRAF KHAN) VS. AWADH NARAYAN [LAWS(DLH)-2016-12-113] [REFERRED TO]
PUNYABRATA DUTTA VS. PRATUL SAHA [LAWS(CAL)-2023-3-58] [REFERRED TO]
RAMJILAL VS. NARAYAN SINGH [LAWS(CHH)-2016-2-47] [REFERRED TO]
MOOLCHAND KOTDIYA VS. PARASCHAND VAIDYA [LAWS(CHH)-2012-3-3] [REFERRED TO]
LAXMAN RAO MESHRAM VS. MEENA BAI [LAWS(CHH)-2008-4-14] [REFERRED TO]
KARAN LAL KESHARWANI VS. SARDAR HOUSE [LAWS(MPH)-2008-3-108] [REFERRED TO]
MANISHA LALWANI VS. DR. D.V. PAUL [LAWS(MPH)-2006-5-161] [REFERRED TO]
HARDAYAL VS. RAVINDRA AGARWAL [LAWS(RAJ)-2003-11-43] [REFERRED TO]
GANGADHAR NARLA VS. NALIN GALA [LAWS(MPH)-2023-10-54] [REFERRED TO]
BABU LAL VS. SUNIL BAREE AND ORS [LAWS(MPH)-2017-6-185] [REFERRED TO]
A.K. GOEL VS. HARJEET KAUR AND ORS. [LAWS(P&H)-2015-1-88] [REFERRED TO]
INDUSTRIAL TRADE LINKS AND ORS. VS. D.S. AHUJLA AND ORS. [LAWS(P&H)-2015-2-107] [REFERRED TO]
BAKHTAWAR SINGH VS. GURDEV SINGH [LAWS(P&H)-2015-9-534] [REFERRED]
SKY LAND INTERNATIONAL PVT LTD VS. KAVITA P LALWANI [LAWS(DLH)-2012-5-489] [RELIED ON]
RAVINDRA KUMAR BATRA VS. DISTRICT JUDGE, MEERUT AND OTHERS [LAWS(ALL)-2005-5-368] [REFERRED TO]
MANOJ READYMADE STORES VS. VIVEK AGRAWAL [LAWS(CHH)-2019-10-43] [REFERRED TO]
NAVAL KISHORE TAPADIA VS. MUNNILAL TAILOR [LAWS(CHH)-2010-4-40] [REFERRED TO]
S A SATSANGI VS. PREM KUMAR [LAWS(DLH)-2002-5-38] [REFERRED]
MADHURI DOULATRAM CHOITRAM VS. LACHMANDAS TULSIRAM NAYAR [LAWS(BOM)-2019-12-121] [REFERRED TO]
NANESHWAR MARALKAR VS. ESMERALDO REGO FERNANDES [LAWS(BOM)-2021-1-148] [REFERRED TO]
THANKACHAN VS. GIREESH KUMAR [LAWS(KER)-2022-1-219] [REFERRED TO]
MUKESH KUMAR KUSHWAHA VS. PIPARIA ENTERPRISES AND ANOTHER [LAWS(MPH)-2018-6-43] [REFERRED TO]
MUKESH KUMAR KUSHWAHA VS. PIPARIA ENTERPRISES AND ANOTHER [LAWS(MPH)-2018-6-43] [REFERRED TO]
PUSHKAR KUMAR VS. SOBHA DEVI [LAWS(PAT)-2004-8-32] [REFERRED TO]
M/S MANCHANDA GLASS HOUSE VS. SUDESH KUMAR KALRA [LAWS(P&H)-2017-5-10] [REFERRED TO]
DAYAL DAS VS. RAJENDRA PRASAD GAUTAM [LAWS(MPH)-2012-3-63] [REFERRED TO]
SHEIKH IBRAHIM S/O. LATE NANNU VS. MUNNI DEVI, WIDOW OF BASANT [LAWS(MPH)-2012-10-152] [REFERRED TO]
PLASTICHEMICALS COMPANY VS. ASHIT CHANDHA [LAWS(DLH)-2004-8-137] [REFERRED TO]
YASHODA DEVI & ANR. VS. SUMAN [LAWS(MPH)-2003-10-59] [REFERRED TO]
RAMGOPAL KANHAIYALAL VS. DINANATH GYASILAL [LAWS(MPH)-2005-10-62] [REFERRED TO]
PURSHOTTAM VS. NANDKISHORE [LAWS(MPH)-2014-8-22] [REFERRED TO]
AMRIT MOHINI VS. BRIJ MOHAN GUPTA [LAWS(DLH)-2023-9-143] [REFERRED TO]
THANKACHAN VS. GIREESH KUMAR [LAWS(KER)-2022-1-22] [REFERRED TO]
R.V. GURUPATHAM AND ANOTHER VS. MRS. TAIBA KHANUM AND ANOTHER [LAWS(MAD)-2018-4-30] [REFERRED TO]
RAJENDRA ARYA VS. MANOJ KUAMR GUPTA [LAWS(UTN)-2022-3-129] [REFERRED TO]
SUKH LAL VS. ASHOK KUMAR RAGHUWANSI [LAWS(ALL)-2012-11-106] [REFERRED TO]
PARIVAR SEWA SANSTHA VS. PADMAWATI DIXIT [LAWS(CHH)-2006-7-39] [REFERRED TO]
KALYAN SINGH VS. SARITA MISHRA [LAWS(CHH)-2023-6-39] [REFERRED TO]
SAHAJ RAM VS. RAJENDRA PRASAD [LAWS(ALL)-2016-5-52] [REFERRED TO]
SHAB VS. THE ADDL. DISTRICT AND SESSION JUDGE AND 7 OTHERS [LAWS(ALL)-2017-4-246] [REFERRED TO]
SILVER JUBLEE DRYERS AND CLEANERS VS. HIRALAL NEMICHAND SHAH [LAWS(BOM)-2006-9-103] [REFERRED TO]
RASHID AND ANOTHER VS. GUL MOHAMMAD @ GULLOO PAHALWAN [LAWS(MPH)-2018-3-494] [REFERRED TO]
VINOD AWASTHI VS. SMT. ARTI SHARMA [LAWS(MPH)-2018-2-418] [REFERRED TO]
ASHOK KUMAR JAISWAL VS. SMT.PUSHPMALA RAJE SURVE [LAWS(MPH)-2018-1-64] [REFERRED TO]
PARAMJEET KAUR BHAMBAH VS. JASVEER KAUR WADHWA [LAWS(MPH)-2016-3-59] [REFERRED TO]
JIWAN SHAH VS. KESHAV PD. AGRAWAL [LAWS(PAT)-2014-11-49] [REFERRED TO]


JUDGEMENT

R. C. Lahoti, J. - (1.)The tenant is in appeal by special leave, feeling aggrieved by the judgment and decree of the first appellate Court, maintained by the High Court, directing the tenant to be evicted from the suit accommodation, which is a shop, on the ground available under Cls. (c) and (h) of sub-section (1) of S. 12 of the M.P. Accommodation Control Act, 1961, (hereinafter, the Act, for short).
(2.)The facts, relevant and not in dispute at this stage, are that the property of which the suit accommodation is a part was owned by late Khetsidas who inducted the defendant as a tenant. Khetsidas died issuless. However, he had adopted Prahlad Rai as a son. He had also executed a registered deed of Will bequeathing his property to Prahlad Rai. Prahlad Rai has two sons, namely, Prem Prakash and Pawan Kumar. Prahlad Rai and his two sons have constituted a partnership which is registered as firm Prahlad Rai Prem Prakash.
(3.)The firm claiming itself to be the owner of the suit premises filed suit for ejectment of the tenant-defendant on two grounds, firstly, that the accommodation was required bona fide by the plaintiffs for the purpose of continuing their own business, and secondly, that the accommodation was required bona fide by the plaintiffs for the purpose of rebuilding which could not be carried out without the accommodation being vacated. In the written statement, while contesting the claim of the plaintiff's for eviction, the defendant-tenant pleader inter alia that the plaintiffs were not the owners of the suit premises and, therefore, the tenant was not liable to be evicted though in that very written statement, at other places, the defendant admitted the plaintiffs as his landlords, also having paid rent to the plaintiffs after the death of Khetsidas, and also having initiated proceedings for fixing standard rent of the premises in which proceedings the tenant had impleaded the plaintiff-firm as opposite party alleging the firm to be the landlord of the suit accommodation.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.