106 T.P.Act Landlord tenant disputes

Querist : Anonymous (Querist) 06 December 2010 This query is : Resolved
plaintiff as landlord filed the suit for eviction against the defendant y/s.106 of T.P.Act. The lower court dismissed the suit as the plaintiff has not specifically pleaded or diposed that the premises is required for his own. But the defendant has not paid the house rent as awarded by the lower court. The plaintiff filed the appeal. What will be the plea of the plaintiff/appellant in the appeal ?

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s.subramanian (Expert) 07 December 2010
The non payment of the rent can be considered by the appellate court for granting relief to the plaintiff.

Arvind Singh Chauhan (Expert) 07 December 2010
Yes I do agree.

Kirti Kar Tripathi (Expert) 07 December 2010
yes, i also agree.

Raj Kumar Makkad (Expert) 07 December 2010
Apart from eviction on the ground of non-payment, the appellant can now move an application seeking amendment in the petition inserting the ground of self necessity as arisen after the institution of the petition. Though there are least chances to accept this at such belated stage but it can also be tried otherwise non-payment of rent even after the direction of the Rent Controller is a good ground to evict such tenant from the tenated premises.

Arun Kumar Bhagat (Expert) 12 December 2010
I agree.

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