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Supreme Court of India 2019-09-23 allowed

D. Sasi Kumar vs Soundararajan

Bench: 2 — A.S. Bopanna

In Brief

The landlord sought eviction of the tenant under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming bonafide requirement for setting up a garment shop. The Rent Controller and Appellate Authority allowed the eviction; the High Court reversed both concurrent orders. The Supreme Court held that the High Court wrongly re-appreciated evidence in revision (which is impermissible). The bonafide requirement is judged on the petition date, not the adjudication date. Judicial delays should not penalize a valid right. Since the tenant had alternative business premises and the property was suitable for a garment shop, the landlord's bonafide need was established. The Court restored the lower courts' orders and granted the tenant until 31.01.2021 to vacate.

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Landlord and Tenant Rent Control Eviction Bonafide Requirement Property Law

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