Landlord Can Evict Tenants For Bona Fide Need Of Premises For Business Purpose: SC [Read Judgment]
8 years, 4 months ago

Landlord Can Evict Tenants For Bona Fide Need Of Premises For Business Purpose: SC [Read Judgment]

Live Law  

The Supreme Court in Bhupinder Singh Bawa vs. Asha Devi, has upheld an order of eviction on the ground of bona fide requirement of tenanted premises for the business requirement of the son of the landlady.The High Court, while dismissing the revision petition, had held that there is no law which suggests that if a landlord/landlady requires the premises for running business of his/her young. The Supreme Court in Bhupinder Singh Bawa vs. Asha Devi, has upheld an order of eviction on the ground of bona fide requirement of tenanted premises for the business requirement of the son of the landlady. The high court had also rejected the argument that the since the son is already a director in the family company, there is no bona fide need of the tenanted premises. With regard to plea of alternative premises, the High Court had observed: “It is not law that a petition for bona fide necessity does not lie because the husband of the landlady, who is carrying on a business on a premise,s must stop that business for a son who wants to open a new business, more so when the tenanted premises are more suitable being on the main road and in a valuable market.” An apex court bench comprising Justice Shiva Kirti Singh and Justice R Banumathi, dismissing the appeal preferred by the tenant, observed: “The high court rightly relied on the ratio of Anil Bajaj & Anr Vs. Vinod Ahuja 2014 SCALE 572 to hold that it is perfectly open to the landlord to choose a more suitable premises for carrying on the business by her son and that the respondent cannot be dictated by the appellant as to from which shop her son should start the business from.” Read the Judgment here.

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History of this topic

When Tenant Is Evicted For Bonafide Use, Courts Should Refrain From Prescribing Guidelines For Landlord’s Residential Choices: Delhi High Court
1 year, 4 months ago

When Tenant Is Evicted For Bonafide Use, Courts Should Refrain From Prescribing Guidelines For Landlord’s Residential Choices: Delhi High Court

Live Law  

Granting relief to a landlord who evicted a tenant from his shop for setting up a business for his wife which constitutes as a “bona fide requirement”, the Delhi High Court has said that courts should refrain from prescribing any standard or guidelines for the residential choices of a landlord.Emphasizing that the tenant cannot dictate as to how the landlord …

Wife’s Identity Does Not Merge With Husband’s Identity, She Has Natural Right To Pursue Her Dreams To Be Financially Independent: Delhi High Court
1 year, 8 months ago

Wife’s Identity Does Not Merge With Husband’s Identity, She Has Natural Right To Pursue Her Dreams To Be Financially Independent: Delhi High Court

Live Law  

A wife is neither an appendage nor an adjunct to her husband and her identity does not merge or get subsumed in her husband’s identity, the Delhi High Court observed in a recent ruling, while directing a tenant to vacate a shop proposed to be used by daughters of a landlord, a Mutawalli of a Wakf-ul-aulad, for starting their business …

Landlord Can't Be Made To Suffer Indefinitely For Tenant's Misconduct: Delhi High Court Orders De-Sealing Of Property In Child Labour Case
2 years, 3 months ago

Landlord Can't Be Made To Suffer Indefinitely For Tenant's Misconduct: Delhi High Court Orders De-Sealing Of Property In Child Labour Case

Live Law  

Observing that the landlord cannot be made to suffer indefinitely due to misconduct of the tenant, the Delhi High Court has directed the Delhi government to de-seal a property which was sealed last year after it was found that the tenant had engaged children for his tailoring business. The tenant was found to have engaged children "in the business of …

Tenant Cannot Dictate Adequacy Of Space Required By Landlord For Proposed Business Venture: Supreme Court Upholds Summary Eviction Order
4 years, 2 months ago

Tenant Cannot Dictate Adequacy Of Space Required By Landlord For Proposed Business Venture: Supreme Court Upholds Summary Eviction Order

Live Law  

A tenant cannot dictate how much space is adequate for the proposed business venture or to suggest that the available space with the landlord will be adequate, the Supreme Court observed while upholding an eviction order passed in favour of an NRI landlord under East Punjab Urban Rent Restriction Act, 1949.In this case, the landlords moved Rent Controller seeking immediate …

In Absence Of Karta, Any Member Of The Family May Be Permitted To Prosecute The Suit: Bombay HC [Read Judgment]
5 years, 2 months ago

In Absence Of Karta, Any Member Of The Family May Be Permitted To Prosecute The Suit: Bombay HC [Read Judgment]

Live Law  

In a significant ruling, the Bombay High Court has held that where a Karta has not been appointed, any member of the HUF may represent the family in the capacity of a co-owner, in a suit for eviction of tenants from the demised premises. Justice NJ Jamadar clarified that for a member of HUF to institute and maintain a suit …

Landlord Can't Be Precluded From Filing Eviction Petition On The Ground Of Bonafide Need Regarding Non-Residential Premises: SC [Read Judgment]
5 years, 7 months ago

Landlord Can't Be Precluded From Filing Eviction Petition On The Ground Of Bonafide Need Regarding Non-Residential Premises: SC [Read Judgment]

Live Law  

The Supreme Court has held that the judgment of Satyawati Sharma Vs. Union of India which held that Section 14 of the Delhi Rent Control Act is unconstitutional to the extent it discriminates between the premises let for residential and non-residential purposes, cannot be held to be per incuriam. In Satyawati Sharma, it was held that Section 14 of Act …

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]
7 years, 11 months ago

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]

Live Law  

The landlord had approached the Rent Control Court seeking eviction of tenant under Section 11 and Section 11 of the Kerala Buildings Act, 1965. Setting aside a Kerala High Court order, the Supreme Court, in Valiyavalappil Sarojakshan vs Sumalsankar Gaikevada, has held that merely because a landlord has taken possession on the basis of an order. Setting aside a Kerala …

Occupation Of Rented Premises By Tenant’s Son-In-Law Amounts To Subletting: SC [Read Judgment]
8 years, 1 month ago

Occupation Of Rented Premises By Tenant’s Son-In-Law Amounts To Subletting: SC [Read Judgment]

Live Law  

The relationship is not like that of a spouse being allowed to carry out a business in the same house, the Court said.The Supreme Court in Munshi Lal vs. Smt. Santosh, has observed that if a tenant enters into a partnership agreement with his son-in-law and allows him to occupy the tenanted premises, without obtaining the consent of the landlord, …

Occupation Of Rented Premises By Tenant’s Son-In-Law Amounts To Subletting: SC [Read Judgment]
8 years, 1 month ago

Occupation Of Rented Premises By Tenant’s Son-In-Law Amounts To Subletting: SC [Read Judgment]

Live Law  

The relationship is not like that of a spouse being allowed to carry out a business in the same house, the Court said.The Supreme Court in Munshi Lal vs. Smt. Santosh, has observed that if a tenant enters into a partnership agreement with his son-in-law and allows him to occupy the tenanted premises, without obtaining the consent of the landlord, …

Landlady’s Marriage Can’t End Her Bona Fide Need Of Tenanted Premises: SC [Read Judgment]
8 years, 1 month ago

Landlady’s Marriage Can’t End Her Bona Fide Need Of Tenanted Premises: SC [Read Judgment]

Live Law  

The court observed that for the purpose of coming to the conclusion on bona fide need of the landlord, comparative hardship to the parties will have to be taken into consideration. The Supreme Court, in Nidhi Vs. Ram Kripal Sharma, has held that the marriage of a landlady as subsequent event cannot extinguish the bona fide requirement of a landlady …

Landlady’s Marriage Can’t End Her Bona Fide Need Of Tenanted Premises: SC [Read Judgment]
8 years, 1 month ago

Landlady’s Marriage Can’t End Her Bona Fide Need Of Tenanted Premises: SC [Read Judgment]

Live Law  

The court observed that for the purpose of coming to the conclusion on bona fide need of the landlord, comparative hardship to the parties will have to be taken into consideration. The Supreme Court, in Nidhi Vs. Ram Kripal Sharma, has held that the marriage of a landlady as subsequent event cannot extinguish the bona fide requirement of a landlady …

Landlord Can Evict Tenants For Bona Fide Need Of Premises For Business Purpose: SC [Read Judgment]
8 years, 4 months ago

Landlord Can Evict Tenants For Bona Fide Need Of Premises For Business Purpose: SC [Read Judgment]

Live Law  

The Supreme Court in Bhupinder Singh Bawa vs. Asha Devi, has upheld an order of eviction on the ground of bona fide requirement of tenanted premises for the business requirement of the son of the landlady.The High Court, while dismissing the revision petition, had held that there is no law which suggests that if a landlord/landlady requires the premises for …

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