SC says tenant can be evicted by owner, kinSeptember 19th, 2008 - 10:37 pm ICT by ANI
New Delhi, Sept 19 (ANI): Tenants can be evicted from rented premises on grounds of bonafide personal requirement of the owner or his kin, according to a ruling of the Supreme Court.
The Supreme Court passed the ruling while setting aside a Punjab & Haryana High Court order, which had quashed the eviction proceedings, ordered by the appellate authority against the shop tenant Jit Ram.
The apex court, while interpreting Sections 13 (a) of the East Punjab Rent Restriction Act, 1949, said a landlord of a shop who wants an eviction order against a tenant has to prove that he or she required the premises for his personal use.
A bench of Justices Tarun Chatterjee and Aftab Alam, observed, “The expression landlord requires for ”his own use” is not confined in its meaning to actual physical use by the landlord personally. The requirement not only of the landlord himself, but also of the normal ”emanations” of the landlord is included therein.”
While citing an earlier ruling the bench explained that the term for his own use depends on a variety of factors such as interrelationship and interdependence between the landlord and those seeking possession of the premises on his behalf.
The apex court, recalling an earlier judgement, also said the term landlord includes his son and other kith and kin. (ANI)
- Apex court upholds needy landlord's right to evict tenant (Lead) - Jan 07, 2012
- Apex court upholds needy landlord's right to evict tenant - Jan 07, 2012
- Inflation no reason to increase rent, rules court - Feb 20, 2012
- Tenant can apply for separate water connection: Court - Feb 21, 2010
- Apex court refuses to expunge 'rotten' remark - Dec 10, 2010
- Voter card no proof of tenancy, rules apex court - Oct 01, 2011
- Collect power dues before tenant vacates premises: Court - Jun 14, 2011
- Delhi sex workers challenge eviction order in court - Jul 26, 2012
- Apex court to hear Allahabad High Court's plea Friday - Dec 09, 2010
- Apex court slams judge for superseding its order - May 10, 2011
- Apex court cautions against maligning judges - Jun 20, 2011
- Don't evict 'unauthorized occupant' without permission - Dec 22, 2010
- Throw out corrupt subordinate court judges: Apex court (Lead) - May 10, 2011
- Wary of frivolous cases, landlords keeping houses vacant: Court - Jul 09, 2011
- No bar on eviction if tenant ignores orders to pay dues: Court - Jul 18, 2010
Tags: aftab, alam, apex, apex court, appellate authority, bench, chatterjee, east punjab, emanations, eviction proceedings, interdependence, interrelationship, judgement, kith, landlord, New Delhi, personal requirement, premises, restriction act, tarun