Tenant can be evicted by property owner, kin for self use: SC NEW DELHI: The Supreme Court has ruled that a tenant can be evicted from a rented premises on grounds of bonafide personal requirement of the owner or his kin.
Interpreting Sections 13 (a) of the East Punjab Rent Restriction Act, 1949, the apex court said a landlord of a shop who wants to an eviction order against a tenant has to aver and prove that he or she required the premises for his personal use. "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," a bench of Justices Tarun Chatterjee and Aftab Alam, observed. 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. Recalling an earlier judgement, the apex court said the term landlord includes his son and other kith and kin. "A non-residential premises, if required by a (landlord's) son for use by him would cover the requirements of words used in the Section 'for his own use' in reference to a landlord, the apex court. The apex 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. -- Visit site at – http://investorline.co.in/ Learning Center- http://learning.investorline.co.in/ Mutual funds - http://mutualfunds.investorline.co.in/ Life Insurance - http://insurance.investorline.co.in/ Investor Forums- http://forums.investorline.co.in/ Iwebs Open Source Web Publishing Platform - http://webs.investorline.co.in/iwebs/ --~--~---------~--~----~------------~-------~--~----~ Get latest market updates & search internet right from your browser-download our toolbar here- http://investorline.ourtoolbar.com/ Visit our site at – http://investorline.co.in/ Newsroom: http://newsroom.investorline.co.in/ Learning Center- http://learning.investorline.co.in/ Mutual funds - http://mutualfunds.investorline.co.in/ Life Insurance - http://insurance.investorline.co.in/ Investor Journal - http://research.investorline.co.in/ Newscatcher- http://catcher.investorline.co.in/ Interested in Financial Planning-Let us Contact you- http://spreadsheets.google.com/viewform?key=pb_z4f1_zGMg4iBBFT3-SWQ&email=true If you like the site then promote it here- https://www.freetellafriend.com/tell/?url=http://investorline.co.in/blogs/news Create your own free blog on- http://investorline.co.in/blogger Visit this group at http://groups.google.com/group/india-investor -~----------~----~----~----~------~----~------~--~---
