oppn parties Landlords Versus Tenants

News Snippets

  • MS Dhoni decides to take a two-month break, will skip West Indies tour but will not retire
  • Phagu Chauhan is the new Governor of Bihar while Ramesh Bais has been appointed as that of Tripura
  • Governors: Anandiben Patel shifted from Madhya Pradesh to Uttar Pradesh and Lalji Tandon from Bihar to Madhya Pradesh
  • Naga talks interlocutor RN Ravi appointed as Governor of Nagaland
  • Noted lawyer Jagdeep Dhankhar appointed as new Governor of West Bengal
  • 84 NDRF teams have been despatched to 23 states to tackle the flood situation
  • Three persons lynched in Bihar after being accused of cattle theft
  • Delhi police seize a consignment of 1500 kgs of heroin and busts a cartel of Afghanistan-Pakistan narcotics dealers with links to the Taliban
  • Supreme Court gives 9 more months to complete the Babri Masjid demolition case trial
  • Priyanka Gandhi not allowed to meet the families of the dead in the Sonabhadra firing, arrested
  • ICC inducts Sachin Tendulkar in [email protected]@@s Hall of Fame
  • Stock markets bleed for the second day. Sensex crashes 560 points
  • S Jaishankar, Minister of External Affairs, says Pakistan should release and repatriate Kulbhushan Jadhav immediately
  • Karnataka Governor Vajubhai Vala asks the Speaker to hold the trust vote latest by 1.30 pm today
  • The Government sends a list of 24 questions to mobile app company that runs video app TikTok seeking answers for anti-national and obscene content carried on the platform
Former Delhi CM and senior Congress leader Sheila Dikshit dies following a cardiac arrest. She was 81
oppn parties
Landlords Versus Tenants

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
In a major ruling that is expected to bring relief to countless landlords fighting eviction cases against their tenants, the Supreme Court has said that it is wrong to doubt the bona fide of a landlord regarding the requirement of the commercial premises sought to be vacated even if the landlord or his family are already engaged in business elsewhere.

In the case Hukum Chandra vs Nemi Chand Jain, the landlord sought eviction of the defendant from his shop as he wanted to settle his son. The trial court dismissed the case as the defendant proved that the landlord’s son was already engaged in business. Citing this as an insufficient ground for eviction, the trial court said that since the son was already engaged in business and was not unemployed, it did not see any need to evict the tenant as there was no bona fide requirement on part of the landlord.

But the 1st appellate court reversed the judgment and clearly stated that it cannot be expected for the landlord’s son to sit idle till the suit was disposed of. The Madhya Pradesh High Court upheld the appellate court’s order, adding that the landlord had proved bona fide requirement.

Aggrieved by high court order, the tenant approached the apex court, only to discover that he stood on shaky ground. The Supreme Court also held that the bona fide cannot be doubted just for the fact that the landlord’s son was already engaged in business. It added that material on record did not show that the said person was engaged in business at the time of filing of the eviction suit.

The court said that “In the present case, mere fact that Rajendra Kumar was involved in the business of utensils – “Rajendra Bartan Bhandar” a bona fide need of the premises cannot be doubted. It would be inappropriate to expect the son of the respondent – landlord to sit idle without doing any work till the eviction petition is decided on the basis of the bona fide requirement. If there is categorical averment by the respondent that the premises are required for his son Rajendra Kumar; engaging in the business of utensils in the meanwhile, cannot be a ground to deny a decree for eviction.”

Although it is true that landlords often create problems for tenants, it is also true that most tenants enjoy prime commercial spaces at piffling rents and always try to avoid eviction by putting forward specious arguments. Earlier, the tenancy laws were in favour of the tenants. But now, given the need for more housing and commercial spaces, the laws have been equitably designed to prevent excesses by both landlords and tenants. This order by the apex court is undoubtedly a shot in the arm for numerous landlords who can now hope to evict tenants faster.