News India Live, Digital Desk: Supreme Court: Many people across the country earn their property by renting their property. This is a good means of earning, but sometimes difficulties arise when the landlord needs the property back for any of his needs and the tenant refuses to vacate the place. Such a situation often turns into a legal dispute.
Recently, the Supreme Court has given a very important verdict in one such case. This decision is very important for both landlords and tenants to know because it cleanses their rights and responsibilities.
What did the Supreme Court say?
Supreme Court Order has said in very clear words that The landlord has every right to decide that his own True need To complete the (Bon Fide Need), which part of the rent given to him is to be evacuated. Tenant cannot refuse to vacate the space only on the basis that the landlord also has other properties that they can use.
Supreme Court’s important comments:
According to the report of Live Law, the country’s Supreme Court has reiterated a significant principle in the case of extracting (eviction) of the tenant. The court said that the law to vacate the place on the basis of the landlord’s ‘real need’ is already established. Court work is to see that the desire to vacate the place Not a choice, but real needs Be based on
Next, the court admitted that The landlord considers his needs the best And he has the right to choose which property he wants to evacuate to meet his needs.
In this decision, the tenant cannot have any role that the landlord should get free from rent. If the landlord has thoughtfully decided that he needs a particular shop or house to fulfill his need, then the tenant cannot question that decision or ask him to change it according to his convenience.
Know what was the whole matter?
How did this matter reach the Supreme Court? In fact, a landlord had applied in the court that his two sons are unemployed and he wants to install an ultrasound machine in a shop rented for him. Therefore, he needs that shop empty. Both the lower court and then the High Court rejected the landlord’s application. After this, the landlord reached the Supreme Court Decision.
In the Supreme Court, Justice Pankaj Mithal and Justice N. The bench of Kotishwar Singh heard the case. During the hearing, the tenant argued that the landlord has more properties, why would he not fulfill his need by vacating another place?
Supreme Court rejected tenant’s argument:
The Supreme Court dismissed the tenant’s argument outright. The court said that if the need of the landlord is real and it wants to vacate a particular property, then The tenant cannot put pressure on it to vacate another place as per his convenience.
The court also added that if the landlord rights have decided to vacate a particular part of their property, it cannot be forced to remove another tenant, just because the current tenant seems to be more convenient.
In this 4 case, the court found that the landlord’s decision was correct, because the shop he wanted to vacate was right next to a medical clinic and pathological center, which was the most suitable place to install ultrasound machines.
Decision means:
This decision of the Supreme Court has made it clear that the landlord has the right to use his property according to his need. The tenant cannot decide which property the landlord should be evacuated. However, it is necessary that the need for the landlord is really real, it would not be legally correct to do so on the basis of the desire to remove the tenant. This decision is a big relief for the landlords who rent their property and face difficulties in getting it vacant when they need real needs.
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