Wednesday, October 14, 2009

Landlord can get tenant evicted to start own business: SC

Landlord can get tenant evicted to start own business: SC

PTI

A tenant can be evicted if the landlord wants to start his own business even in a field in which he or she has no prior experience, the Supreme Court has ruled.

A bench of Justices Markandeya Katju and Asok Kumar Ganguly has held that if a landlord has a bonafide need of his rented premises for starting a new business and is able to prove his claim convincingly, he cannot be denied the privilege.

It is not necessary that a person to succeed in business must have prior experience in the particular field as even a rookie can succeed, the apex court said.

“We are of the opinion that a person can start a new business even if he has no experience in the new business.

That does not mean that his claim for starting the new business must be rejected on the ground that it is a false claim.

“Many people start new businesses even if they do not have experience in the new business, and sometimes they are successful in the new business also. Hence, we are of the opinion that the High Court should have gone deeper into the question of bonafide need and not rejected it only on the ground that Giriraj (the petitioner’s son) has no experience in footwear business,” the court said.

The bench made the observation while allowing the appeal of landlord and petitioner Ram Babu Agarwal challenging the rulings of the Madhya Pradesh High Court.

The High Court, while interpreting Section 13(6) of the Madhya Pradesh Accommodation Control Act, 1961, had concurred with the trial court’s view that the owner, a cloth merchant, could not evict the tenant Jay Kishan Das since his plea that the premises were required to enable Giriraj start a footwear business appeared to be false.

The two courts below were of the view that since the owner had an experience only in running a cloth business, his plea for taking over the premises to start footwear business did not appear to be a bonafide claim as neither he nor Giriraj had prior experience in the field.

Aggrieved Agarawal moved the apex court which rejected the reasoning of the two lower courts.

“For the reasons given above, we set aside the impugned judgements of the High Court and the trial court on the question of bonafide need and remand the matter to the trial court only to decide the issue of bonafide need afresh.

Parties may lead fresh evidence on their pleadings and the trial court shall decide the matter expeditiously thereafter.

“The appeal is allowed on the question of bonafide need only to the extent indicated above,” the bench said in its order.

Courtesy_


5 comments:

  1. Respected sir.

    Iam manoj chauhan form Bharuch(GUJARAT). We have read the news from your website ,that owner can get his shop back to start own business , the case which was published on 12 october 2009 on your website(CASE OF LANDLORD CAN GET TENANT EVICTED TO START OWN BUSINESS : SC)

    WE ARE ALSO FACING SAME PROBLEM AS GIRIRAJ FACED IN HIS CASE. WE ARE OWNER OF A SHOP AND WE GAVE TO TENANT , BUT NOW WE WANT TO USE SHOP TO START BUSINESS OF MINE OWN. BUT NOW HE IS NOT READY TO GIVE US SHOP OR NOT READDY TO LEAVE THE SHOP/

    WE ARE THE OWNER THOUGH WE ARE FACING MENTALY AND PHYSICALY PROBLEM.WE ARE FIGHTING & STRUGLING CASE IN COURT TO GET JUSTICE AND WE ARE IN GREAT PROBLEM.
    SO WE WANT HELP FORM YOUR SIDE,, IF IT IS POSSIBLE , CAN YOU GIVE US GIRI RAJ ADDRESS OR CONTACT NUM. TO ME

    SO WE CAN GET HIS HELP BY GETING JUDGMENT XEROX COPY AS A BASE & AS A PROOF TO FIGHT OUR CASE , SO WE CAN GET JUSTICE.

    ReplyDelete
  2. To evict a bad tenant, a landlord has to follow the law of eviction of a tenant. No matter how bad your tenant is, no matter how he/she is the cause of disturbance of the landlord's tenants or no matter how much rent is owed, a landlord can't just do things in his own hands. There are rules to follow in How To Evict Tenant. Tenants are required to keep their unit clean and safe. A tenant should be expected to have some cleaning capabilities such as keeping kitchens and bathrooms cleaned, and removing all garbage they generate to the appropriate receptacles or designated location for city pickup. Fore more information click here.

    ReplyDelete
  3. One of the most common types of eviction procedure, is when a landlord attempts to evict a tenant for not paying the rent. A lease or rental agreement will state the due date for rent payment, and some state laws extend the due date for a tenant to pay the rent by a certain amount of days referred to as the prescribed grace period. If the rent is paid in full within the legal grace period of these states, an eviction for nonpayment cannot be started; a landlord must wait until the legal grace period has lapsed to start an eviction.For more information visit tenant eviction process.

    ReplyDelete
  4. If a tenant deposits rent in other court other than the court ordered is he a willful default in rent. For example the tenant is a old tenant of a shop in hyderabad. The land lord want the shop for his son to start his own business, but the tenant is not ready to vacate the shop. The landlord filed aeviction petition against the tenant, The land lord refused to accept the rent. Since the tenant was very irregular in payment of rent. The tenant filed a petition in the court and the court directed the tenant to deposit the rent in court where the case is pending, The case is pending in the court of IVth Additional Rent Controller and the tenant is depositing the rent sometimes in Principle rent controller and sometimes in IIIrd Additional rent controller. I request you to please suggest me that wether the tenant is a default in paying the rent or not. And can we file a eviction petition on the grounds of willful default or default of rent. Please suggest.

    ReplyDelete
  5. I am from Kerala,Thalashary. I have a house which is with a bottom floor and top floor, and gave for rent to 2 people.The Top floor man is not vacating even after the agreement is lapsed. but know I want to give it to my elder son Raghuraj who is working in Abudabi , and is likely to come back. I am the owner, though I am facing mental and a physical problem because he is not ready to leave the house, and also he stopped giving the rent. he is telling I am poor and don't have money.He says that i should not disturb him.
    can I get justice? Please request your suggestion.

    ReplyDelete

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This Blog Spot is meant for publishing landmark judgments pronounced by the Court of law as we collected from the renowned Dailies, Magazines, etc., so as to create an awareness to the general public and also to keep it as a ready reckoner by them. As such the readers may extend their gratitude towards the Original Author as we quoted at the bottom of each Post under the title "Courtesy". Furthermore, the Blog Authors are no way responsible for the correctness of the materials published herein and the readers may verify the concerned valuable sources.



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