In Brief
A landlord sought to evict his tenant from a shop in Jaipur based on bona fide necessity. The tenant argued that the suit was barred because it was filed within five years of the lease commencement (as required by the Rajasthan Premises Act, 1950). The trial court dismissed the suit, but the first appellate court allowed it, finding the lease predated the five-year period. The High Court reversed this, holding that the five-year bar absolutely prevented filing any suit. The Supreme Court upheld the eviction, ruling that 38 years of pending litigation had fulfilled the protective purpose of the five-year restriction. The tenant was ordered to vacate by September 30, 2023.
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