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Supreme Court of India 2019-09-23 allowed

D. Sasi Kumar vs Soundararajan

Bench: 2 — A.S. Bopanna

In Brief

A landlord sought eviction of a tenant from a commercial property on grounds of bonafide requirement to run a garment shop under the Tamil Nadu Buildings (Lease and Rent Control) Act. The Rent Controller and Appellate Authority approved the eviction, but the High Court reversed the decision, holding that bonafide requirement had not been proved. The Supreme Court restored the eviction order, holding that the relevant date for assessing bonafide requirement is the petition filing date, not the judgment date. The Court rejected arguments that judicial delays should defeat the landlord's eviction right and found the tenant had alternative premises available. The tenant was granted time until 31 January 2021 to vacate.

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Landlord and Tenant Law Eviction Bonafide Requirement Civil Procedure Rent Control Tamil Nadu Buildings Act

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