AIR 1987 RAJASTHAN 16 ::(1986) Raj LR 919 ::(1986) Raj LW 523 ::1987 (2) RentLR 36 ::1987 (1) RentLR 258

Rajasthan High Court

Hon'ble Judge(s): S. N. Bhargava , J

Rajasthan Premises (Control of Rent and Eviction) Act (17 of 1950) , S.13(1)(h)— Eviction suit - Adverse inference - Landlord not examining himself - Adverse inference cannot necessarily be drawn - Examination of general power of attorney holder of landlady - Finding by first appellate Court that landlady had proved her bona fide and reasonable need - Legality. (1979) 1 Rent LR 743 (Delhi), Dissented from. Evidence Act (1 of 1872) , S.114(g)— It cannot be laid down as a very general proposition that if the landlord or landlady does not examine himself/herself an adverse inference has to be necessarily drawn. It will depend on facts of each case. This fact, of course, will be considered as a circumstance while considering the case of the plaintiff and while arriving at the conclusion whether the plaintiff has been able to prove its case of reasonable and bona fide necessity. Ordinarily, a person for whom there is need for getting the suit premises vacated should appeal as a witness in the Court and make himself available for cross-examination by the other side. But the bona fide need can be proved by other evidence, both oral and documentary and even by circumstances and it is not correct to state that in every case the plaintiff must enter the witness box and depose about the requirement. (1979) 1 Rent LR 743 (Delhi), Dissented from Case law d....