Long tenancy no protection from eviction

In the latest among a series of pro-landlord judgments, Supreme Court has ruled that long years of tenancy cannot be a shield against eviction from shops and houses when the owner’s need for using the premises is bona fide.

The judgment, handed down by a Bench comprising Justices C K Thakker and L S Panta, is expected to empower landlords in driving home their bona fide needs before the rent control authorities to dislodge tenants who have been citing long years of tenancy and absence of alternative.

‘‘It is no doubt true that the tenancy (in this case) was created about 50 years back but that should not be a ground for depriving the landlord for doing business if the requirement of the landlord is bona fide and reasonable,’’ it said. The court also held that to resist eviction, a tenant had to show that he made sincere attempts to find alternative accommodation.

It could be that a tenant might have to pay a higher rent if he shifted to a new shop, but ‘‘that would not preclude the landlord from getting possession of the shop once he had proved genuine need of the property’’, the Bench said. The judgment comes on the heels of two significant verdicts given early this year by the apex court. The first ruling came in February and gave a landlord the right to evict a tenant if the latter had sublet the rented premises without owner’s consent.

The second one, in April, struck down a 50-year-old restraint clause in the Delhi Rent Act and gave landlords the right to evict tenants holding on to shops and business establishments in prime commercial areas while paying a pittance as rent. In addition to these rulings, in December last year, SC had put two onerous conditions on tenants if they wished to continue in the premises — they must behave well with the landlord and take reasonable care of the premises.

This current case came from Dehradun and saw the tenant citing all possible grounds to continue running a shop from the rented premises. The landlord, Shamshad Ahmed, had sought eviction on the ground that he was retiring from government service and wanted to open a readymade garment store in the premises with the help of his wife and daughter.

The tenant said he had been running a grocery store from the premises for nearly 50 years and eviction would mean unimaginable hardship on him.

POWER TO LANDLORD

If landlord shows he genuinely needs premises, tenant must vacate Then, it doesn’t matter if the tenant has been there for long Tenant, to stay on, will have to show he can’t get alternative acco

With thanks from the Times of India
Source:- The Times of India 17-Sep-2008 Delhi P.18

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