Successive Pleas For Eviction Based On Bonafide Not Barred Even If Earlier Suit On Same Grounds Was Rejected: Rajasthan HC

The Rajasthan High Court held that a suit for eviction could not be held to be barred even if the question of necessity had been decided against the landlord on previous occasions, on the ground that the landlord would never have bonafide and genuine necessity in future.

The bench of Justice Anoop Kumar Dhand was hearing a challenge against a successive suit for eviction. It was the petitioner's case that on an earlier occasion, an eviction suit was filed by the landlord based on the need to run a saree shop, which was rejected. Now again, an eviction suit was filed for operating a tours and travels business, which was barred by res judicata.

The petitioner argued that a successive suit with the same pleadings of bonafide necessity was submitted by the respondents, which was hit by Section 11, CPC and thus not maintainable, when an earlier suit based on bonafide necessity had already attained finality in 2018.

On the contrary, the respondent argued that the earlier suit was for running a saree shop. However, now, the need had changed, and a fresh need to operate a tours and travels business had arisen. Hence, the successive suit was filed based on a fresh bona fide need and necessity. Along with this, two other grounds were also added i.e. alternative accommodation being available to the petitioner and non-user of the shop by the petitioner.

After hearing the contentions, the Court appreciated the arguments put forth on behalf of the respondent, and held that, “A suit for eviction from the premises cannot be held to be barred even if the question of necessity has been decided against the landlord on the previous occasions, so as to hold that he will never have bonafide and genuine necessity in future.”

It was observed that in the present case, a successive suit was filed based on fresh grounds of a newly arisen bona fide necessity.

Accordingly, the petition was dismissed.

Title: Suresh v Dhruv Narayan Purohit & Ors.

Citation: 2025 LiveLaw (Raj) 235

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