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Supreme Court of India 2019-09-23 allowed

D. SASI KUMAR vs SOUNDARARAJAN

Bench: 2 — R. Banumathi, A.S. Bopanna

In Brief

A landlord sought eviction of a tenant in Chennai under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming bonafide requirement to set up a garment shop and potentially reconstruct the premises. The Rent Controller and appellate authority found for the landlord, but the High Court reversed, holding the requirement unproved. The Supreme Court restored the Rent Controller's order, ruling that bonafide requirement is assessed as of the petition filing date, not final adjudication. The absence of construction plans was not fatal given the primary purpose was running a shop. The tenant's ownership of alternative business premises, admitted in cross-examination, weighed against any claimed hardship. The tenant was granted time to vacate.

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Rent Control Landlord and Tenant Eviction Bonafide Requirement Tamil Nadu Buildings (Lease and Rent Control) Act 1960

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