SC says tenant can be evicted by owner, kin

September 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)

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