|‘These amount to nuisance and annoyance’|
Ruling ends 31-year-old litigation
Tenant has 2 months to vacate
New Delhi: A tenant using filthy language and threatening to kill his landlord or landlady will amount to “nuisance and annoyance” and will be a ground for eviction, the Supreme Court has held.
Causing damage to or altering the rented property without the landlord’s consent will also come within the ambit of “nuisance and annoyance” under the Transfer of Property Act read with the provisions of the West Bengal Premises Tenancy Act, said a Bench consisting of Justices R.V. Raveendran and P. Sathasivam.
It gave this ruling, bringing to an end a 31-year-old litigation and ordering the eviction of a tenant, who refused to vacate.
Ranju alias Gautam Ghosh of Kolkata broke a collapsible gate on his rented premises and when landlady Rekha Ghosh protested, he threatened to kill her. A munsif court dismissed her suit for evicting him. The first appellate court, however, ordered his eviction. The Calcutta High Court affirmed this order.
Dismissing the tenant’s appeal, the apex court pointed out that under the Transfer of Property Act, the lessee was bound to keep and maintain the property in as a good condition as it was when he/she was put in possession of it, subject only to the changes caused by reasonable wear and tear or irresistible force.
Writing the judgment, Justice Sathasivam said the cutting of the collapsible gate was photographed and produced before the court. When the landlady and her family protested against the tenant’s action, they were threatened and a police complaint was preferred against him.
The Bench said: “The lower appellate court and the High court adverted to the complaint given to the police and the subsequent criminal proceedings, and came to the conclusion that the respondent [landlady] made out a case for eviction on the ground of nuisance and annoyance; we concur with the said factual finding.”
Threatening to kill the respondent, and beating up her son and abusing him in filthy language would amount to nuisance and annoyance and be a ground for eviction.
Damaging the collapsible gate and putting up a concrete elevation of the floor would amount to doing acts contrary to the provisions of the Transfer of Property Act and the West Bengal Premises Tenancy Act.
The Bench granted the tenant two months to vacate.
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