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Supreme Court of India 2021-01-27 allowed

Balwant Singh @ Bant Singh & Anr vs Sudarshan Kumar & Anr

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

A non-resident Indian (NRI) landlord sought eviction of commercial shops to establish a furniture manufacturing and sales business. Although the landlord already possessed two adjoining vacant shops, he contended the combined space was insufficient. The Rent Controller rejected the tenants' objections, finding the NRI's bona fide need established. The High Court reversed this, granting the tenants right to contest. The Supreme Court allowed the appeal, holding that assessment of space adequacy is the landlord's prerogative, not the tenants'. The special summary procedure for NRI landlords was designed to facilitate swift possession for genuine business needs, and cannot be defeated without strong justification. Tenants were granted until 31 December 2021 to vacate.

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Landlord and Tenant Law NRI Rights Eviction Real Property Law Summary Procedure Bona Fide Need

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