CHANDER KALI BAI Vs. JAGDISH SINGH THAKUR
LAWS(SC)-1977-10-12
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on
October 06,1977
CHANDER KALI BAI
Appellant
VERSUS
JAGDISH SINGH THAKUR
Respondents
Referred Judgements :-
GANGA DUTT MURARKA VS. KARTIK CNANDRA DAS [APPROVED]BHAGAT SINGH VS. JASWANT SINGH [RELIED ON]
BACHAN SINGH VS. DHIAN DASS [RELIED ON]
DAMADILAL VS. PARASHRAM [OVERRULED]
Cited Judgements :-
GURUNANAK TIMBER MART VS. ANIL KUMAR GULATEE [LAWS(MPH)-2012-5-120] [REFERRED TO]HEERA TRADERS VS. KAMLA JAIN [LAWS(SC)-2022-2-84] [REFERRED TO]
PREMA AGARWAL VS. OM PRAKASH GAUTAM AND ANOTHER [LAWS(MPH)-2001-1-44] [REFERRED TO]
TOTTAL MONTHEMMAL NAIDU VS. KOTTIKKOLLAN EDAVALATH NABEESA AND ANR. [LAWS(MAD)-1979-12-34] [REFERRED TO]
MR.SAYED SALIMUDDIN AND ANOTHER VS. ABDUL KAREEM S/O LATE OSMAN AHMED [LAWS(APH)-2016-6-28] [REFERRED TO]
DILIP KUMAR BARMAN VS. BHASKAR ROY [LAWS(CAL)-2012-12-51] [REFERRED TO]
B H RANGASWAMY VS. MYSORE ARTS AND WOOD WORKS [LAWS(KAR)-1992-9-28] [REFERRED TO]
CHANDER MOHAN CHADHA VS. SINGER INDIA LTD. [LAWS(DLH)-2017-5-249] [REFERRED TO]
UNIVERSAL INSULATORS & CERAMICS LTD VS. U.P. POWER CORP. LTD [LAWS(ALL)-2018-10-203] [REFERRED TO]
MGMT OF SHADLOW INDIA LTD VS. P O PRINCIPAL LABOUR COURT [LAWS(MAD)-1999-10-7] [REFERRED TO]
J V BHOOPALAN VS. LAKSHMI VILAS BANK LIMITED [LAWS(MAD)-2006-4-269] [REFERRED TO]
HARVEER SINGH VS. KISHAN SINGH TOMAR [LAWS(MPH)-2010-1-138] [REFERRED TO]
ATMA RAM PROPERTIES P LTD VS. FEDERAL MOTORS P LTD [LAWS(SC)-2004-12-28] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. SURAT RAM KHADARIA AND SONS [LAWS(GAU)-2018-5-208] [REFERRED TO]
GOMI BAI VS. UMA RASTOGI [LAWS(APH)-2004-12-88] [REFERRED TO]
CANARA BANK VS. THE DELHI KARNATAKA SANGHA [LAWS(DLH)-2018-3-58] [REFERRED TO]
SEELAM MALLAIAH (DIED) PER LRS. AND OTHERS VS. P. NARASINGA RAO (DIED) PER LRS. AND OTHERS [LAWS(APH)-2017-2-27] [REFERRED TO]
NEETA BHARDWAJ VS. KAMLESH SHARMA [LAWS(DLH)-2021-12-103] [REFERRED TO]
PURIFICACAO VS. HUGO VICENTE DE PERPETUO [LAWS(BOM)-1984-11-15] [REFERRED TO]
PARASMAL PARAKH & OTHERS VS. RAJ KUMAR & OTHERS [LAWS(MPH)-2012-4-260] [REFERRED]
RAM SINGH VS. BANARSI DASS [LAWS(P&H)-1989-4-43] [REFERRED TO]
RADHEY SHYAM VS. KANHAIYA LAL [LAWS(RAJ)-1987-12-13] [REFERRED TO]
VASHU DEO VS. BALKISHAN [LAWS(SC)-2002-1-146] [REFERRED 5.]
KANGALU PADHAN VS. DHANESWAR MISHRA [LAWS(ORI)-1981-12-8] [REFERRED TO]
ARVIND S/O DASRAO BOKIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-12-43] [REFERRED TO]
YARAKARAJU APPAMMA VS. NAGARAJU SUBBAYAMMA [LAWS(APH)-1983-10-7] [REFERRED TO]
HARI SINGH VS. SANTOSH SETH [LAWS(DLH)-1994-8-64] [REFERRED 2.]
AYODHYA PRASAD VS. PHULESARA [LAWS(ALL)-2008-4-244] [REFERRED TO]
GURUSHANTH VS. MEHABOOB SHAHI KALBURGA MILLS [LAWS(KAR)-2017-3-93] [REFERRED TO]
BAJRANG AGRAWAL VS. SMT. SUDHA JAIN [LAWS(CHH)-2016-1-48] [REFERRED TO]
RATILAL THAKORDES TAMAKHUWALA VS. VITHALDAS MAGANDAS GUJARATHI [LAWS(BOM)-1984-11-33] [REFERRED TO]
RAMVILAS BAJAJ VS. ASHOK KUMAR [LAWS(APH)-2007-4-46] [REFERRED TO]
RAMVILAS BAJAJ VS. ASHOK KUMAR [LAWS(APH)-2007-4-46] [REFERRED TO]
KHAJA ABDUL QADEER VS. MOHAMMED ALLAUDDIN [LAWS(APH)-2010-8-20] [REFERRED TO]
MODEL MANUFACTURING COMPANY LTD VS. UNION OF INDIA [LAWS(CAL)-2002-6-25] [REFERRED TO]
MIDDIKONDAPPA VS. BODIRAMAPPA [LAWS(KAR)-1998-1-47] [REFERRED TO]
S MOHAMMED ANWARUDDIN VS. SABINA SULTANA [LAWS(APH)-2005-4-78] [REFERRED TO]
V. RAJKUMAR VS. C.M.ABU MOHAMMED [LAWS(KAR)-2012-11-297] [REFERRED TO]
RATHORE TRADING CO VS. HARMINDER KAUR [LAWS(CHH)-2010-4-46] [REFERRED TO]
BANNER INDIA LTD VS. SAVITRI DEVI SIKAND [LAWS(DLH)-2011-3-308] [REFERRED TO]
MATHEW VS. RENT CONTROL COURT [LAWS(KER)-2000-4-7] [REFERRED TO]
A M A SULTAN VS. SEYDU ZOHRA BEEVI [LAWS(KER)-1989-2-8] [REFERRED TO]
SANT RAM VS. BRIJ MOHAN KAURA [LAWS(P&H)-2006-1-14] [REFERRED TO]
AMAR BAHADUR SINGH VS. DEVENDRA SINGH [LAWS(MPH)-2007-7-26] [REFERRED TO]
BIBI AMNA KHATUN VS. ZAHIR HUSSAIN [LAWS(PAT)-1979-9-1] [REFERRED TO]
NAGAR PALIKA PARISHAD VS. DISTRICT AND SESSIONS JUDGE AND ANR. [LAWS(UTN)-2006-8-37] [REFERRED TO]
SURJIT SINGH VS. KUMAR PAHILAJ [LAWS(DLH)-2006-4-147] [REFERRED TO]
RAMBILAS RAMCHANRAJI MUNDHADA VS. SHRIRAM SHALIGRAM MALVIYA [LAWS(BOM)-1991-8-65] [REFERRED TO.]
D S ASWATHANARAYANA SETTY VS. M S JAYARAM [LAWS(KAR)-1990-7-17] [DISTINGUISED 2.]
SOUTHERN ROAD CARRIERS LTD VS. ATUL KUMAR AGARWAL [LAWS(APH)-1999-11-69] [REFERRED TO]
DILIPKUMAR SOMABHAI PATEL VS. J K AMIN [LAWS(GJH)-2014-6-147] [REFERRED TO]
BANGUR BROTHERS LIMITED VS. PDGD INVESTMENTS & TRADING (P) LTD [LAWS(CAL)-2013-1-36] [REFERRED TO]
TAPESHWARI PRASAD LATE SRI GAJODHAR PRASAD VS. VITH ADDL DISTT JUDGE [LAWS(ALL)-2005-11-26] [REFERRED TO]
SANTOSH VAID VS. UTTAM CHAND [LAWS(DLH)-2012-2-187] [REFERRED TO]
SHIB SANKAR DEY VS. SABITRI DEBI SARAFF [LAWS(CAL)-1978-11-32] [REFERRED TO]
DAROPTI DEVI VS. NIHAL KAUR [LAWS(P&H)-1991-4-187] [REFERRED]
ASHOK SHARMA VS. VIJAY KUMAR GUPTA [LAWS(DLH)-2015-4-251] [REFERRED TO]
STATE OF MADHYA PRADESH VS. NAVALKISHOR MANGILAL [LAWS(MPH)-1989-7-20] [REFERRED TO]
A MARIYAYEE VS. COMMISSIONER AND SECRETARY PROHIBITION AND EXCISE DEPARTMENT GOVERNMENT OF TAMIL NADU [LAWS(MAD)-1998-7-123] [REFERRED TO]
GIRIDHAR B S VS. P V SHETTY [LAWS(KAR)-1984-9-1] [FOLLOWED ON]
MOHAN LAL VS. THAKURJI SHRI SHYAM SUNDERJI [LAWS(RAJ)-2006-10-38] [REFERRED TO]
NISAR VS. VTH ADDL DISTT JUDGE MUZAFFARNAGAR [LAWS(ALL)-2005-8-206] [REFERRED TO]
PUNJAB and SIND BANK VS. HOTEL ASRANI PVT LTD [LAWS(APH)-1997-8-8] [REFERRED TO]
SHAM LAL KAPOOR VS. JOGINDER LAL KUTHIALA AND ORS. [LAWS(DLH)-2017-7-222] [REFERRED TO]
RAMVILAS BAJAJ VS. ASHOK KUMAR [LAWS(APH)-2007-4-12] [REFERRED TO]
DARISI MASTHANAMMA VS. MANDIGA RAMA KRISHNA [LAWS(APH)-2006-1-55] [REFERRED TO]
NAGAR NIGAM ALIGARH VS. UDAI SINGH [LAWS(ALL)-2002-9-155] [REFERRED TO]
VISHNU DUTT MISHRA AND OTHERS VS. ADDITIONAL DISTRICT JUDGE, AZAMGARH AND OTHERS [LAWS(ALL)-2005-8-314] [REFERRED TO]
ANAND GANERIWAL AND ANOTHER VS. ANAND GANERIWAL AND ANOTHER [LAWS(ALL)-2018-7-75] [REFERRED TO]
PUNJAB NATIONAL BANK AND ANOTHER VS. ANAND GANERIWAL AND ANOTHER [LAWS(ALL)-2018-7-283] [REFERRED TO]
NATHUMAL CHANDANMAL AND CO. AND ANOTHER VS. DAMODAR PRABHAT SHARMA AND OTHERS [LAWS(BOM)-1978-4-34] [REFERRED TO]
KISHEN KUMAR NARANDAS JOBANPUTRA VS. PURUSHOTTAM MATHURDAS RAITHATHA [LAWS(BOM)-2005-12-29] [REFERRED TO]
LOYOLA PUBLIC SCHOOL SOCIETY VS. P ANIL KUMAR [LAWS(APH)-2007-8-88] [REFERRED TO]
BANGUR BROTHERS LTD. (IN LTQN) & PDGD INVESTMENTS & TRADING (P) LTD. VS. OFFICIAL LIQUIDATOR AND ANR. [LAWS(CAL)-2017-11-166] [REFERRED TO]
MANAGEMENT OF SHADLOW INDIA LTD VS. PRESIDING OFFICER PRINCIPAL LABOUR COURT [LAWS(MAD)-1999-10-3] [REFERRED TO]
GOWRI CORPORATION VS. ALIMA BIVI [LAWS(MAD)-1990-12-51] [REFERRED TO]
LAKSHMI DEVI VS. G SATYANARAYANA RAO [LAWS(KAR)-1991-12-15] [REFERRED TO]
BASTICHAND BHANWALI VS. DHARAM VIR KALIA [LAWS(RAJ)-1989-3-3] [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LTD VS. KAMAL VASINI AGRAWAL [LAWS(MPH)-2005-7-103] [REFERRED TO]
BHORI DEVI @ MOTI W/O SIYARAM VS. SAMPAT BAI W/O DHARASINGH [LAWS(RAJ)-2017-9-4] [REFERRED TO]
DANPATI ADDHAHAT BHANDAR VS. REGD PARTNERSHIP FIRM [LAWS(MPH)-2009-3-45] [REFERRED TO]
Damanlal VS. Inderchand [LAWS(MPH)-1992-5-18] [REFERRED TO]
BHIMANDAS BEDAS SINGH VS. NAGIBAI [LAWS(MPH)-1979-3-4] [REFERRED]
JIVAJI ALIAS BALASAHEB VENKATESH ANIKHHIDI VS. SADASHIVA RAO RAMNCHANDRA RAO POTE [LAWS(KAR)-1991-8-51] [DISTINGUISED 4.]
VIPPANAPALLY RADHA VS. BRINDAVAN EDUCATIONAL SOCIETY [LAWS(APH)-2011-11-113] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. GHERA BAI [LAWS(CHH)-2012-4-55] [REFERRED TO]
KISHORCHAND BHOI VS. LEELA SAHU [LAWS(CHH)-2012-4-56] [REFERRED TO]
NATHUMAL CHAND AND CO. AND ANOTHER VS. DAMODAR PRABHAT SHARMA AND OTHERS [LAWS(BOM)-1979-4-22] [REFERRED]
SHRI A.K. JAIN VS. SHRI RAM SCIENTIFIC AND INDUSTRIAL RESEARCH FOUNDANTION [LAWS(DLH)-2011-3-435] [REFERRED TO]
JUDGEMENT
Untwalia, J. -
(1.)In this appeal by special leave the appellants and respondent No. 2 were the defendants in a suit filed by plaintiff-respondent No. 1 for eviction and other reliefs in respect of the suit premises. The suit was dismissed by the trial Court but decreed by the First Appellate Court. The second appeal filed by the defendant in the High Court of Madhya Pradesh was dismissed.
(2.)The demised property is a shop situated at a place in the district of Hoshangabad. It was let out by the father of the plaintiff to the husband of defendant No. 1 and the father of the other defendants in the year 1951 at a monthly rent of Rs. 50. A Bhojnalaya was being run in the shop by the tenant. The plaintiff's father was running a sweetmeat shop in a rented premises the rent of which was Rs. 225 per month. The plaintiff's father died in 1970. Sometime later the original tenant, the predecessor-in-interest of the defendants, also died. He had paid rent up to September, 1972. After the death of the original tenant, the defendants became the tenants of the suit shop. The plaintiff served a notice on the defendants terminating the contractual tenancy w.e.f. 31-12-1972. The suit for eviction was filed on 8-3-1973 claiming therein a decree for eviction chiefly on the ground of bona fide personal necessity of the plaintiff, for arrears of rent amounting to Rs. 150 for October, November and December, 1972 and damages for the months of January and February, 1973 @ Rs. 225 per month as also future damages till the delivery of possession.
(3.)The trial Court dismissed the suit holding that the plaintiff did not require the suit shop bona fide for his personal necessity. On appeal by the plaintiff, the First Appellate Court by its judgment dated 11-8-1975 took a contrary view and held in favour of the plaintiff. It decreed the suit for eviction arrears of rent and also for past and future damages @ Rs. 125 per month - damages to be payable on and from 1-1-1973 until delivery of the vacant possession to the plaintiff. The High Court has affirmed this decree.
(2.)The demised property is a shop situated at a place in the district of Hoshangabad. It was let out by the father of the plaintiff to the husband of defendant No. 1 and the father of the other defendants in the year 1951 at a monthly rent of Rs. 50. A Bhojnalaya was being run in the shop by the tenant. The plaintiff's father was running a sweetmeat shop in a rented premises the rent of which was Rs. 225 per month. The plaintiff's father died in 1970. Sometime later the original tenant, the predecessor-in-interest of the defendants, also died. He had paid rent up to September, 1972. After the death of the original tenant, the defendants became the tenants of the suit shop. The plaintiff served a notice on the defendants terminating the contractual tenancy w.e.f. 31-12-1972. The suit for eviction was filed on 8-3-1973 claiming therein a decree for eviction chiefly on the ground of bona fide personal necessity of the plaintiff, for arrears of rent amounting to Rs. 150 for October, November and December, 1972 and damages for the months of January and February, 1973 @ Rs. 225 per month as also future damages till the delivery of possession.
(3.)The trial Court dismissed the suit holding that the plaintiff did not require the suit shop bona fide for his personal necessity. On appeal by the plaintiff, the First Appellate Court by its judgment dated 11-8-1975 took a contrary view and held in favour of the plaintiff. It decreed the suit for eviction arrears of rent and also for past and future damages @ Rs. 125 per month - damages to be payable on and from 1-1-1973 until delivery of the vacant possession to the plaintiff. The High Court has affirmed this decree.
Copyright © Regent Computronics Pvt.Ltd.