1997 A I H C 3616 ::(1997) 1 ICC 112 ::(1996) 2 Raj LR 371 ::(1998) 1 RenCR 12 ::(1996) 3 Raj LW 20 ::(1998) 1 RentLR 194 ::(1998) 1 RenCJ 233

Rajasthan High Court

Hon'ble Judge(s): Arun Madan , J

Civil P.C. (5 of 1908) , O.6, R.17— Impleading person as plaintiff - Invalidity -Eviction suit on ground of bona fide need -Transfer of ownership of premises to purchaser -Purchaser cannot be impleaded as plaintiff since by transfer right to bona fide gets washed off. The right of bona fide requirement cannot be passed on to a subsequent purchaser by inheritence of succession. Whenever new plaintiffs are added to plaint not only cause of action changes but also ground of bona fide necessity of previous owners, who had sold the property to subsequent purchasers, is also washed off and, therefore, the original suit cannot be substituted by the second suit on the same ground and a plea that by virtue of S. 109 of the Transfer of Property Act the subsequent purchaser got the right to advance the plea of bona fide requirement against the existing tenant in the suit property is wholly untenable since under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 there is a specific provision under S. 13(1)(h) regarding the bona fide and personal necessity of the owner/landlord which stipulates that a suit for eviction can be filed by the landlord on the ground of bona fide necessity against the tenant and the bona fide necessity should be objectively considered and analysed by the Court in each and every case. .....