'There's No Bar For Someone Who Is Pursuing Higher Studies, To Start Business' : SC Upholds Eviction Of Tenant For 'Bonafide Requirement' Of Landlord

There is no bar for someone who is pursuing higher studies, to start a business, the Supreme Court observed while upholding an eviction order passed on the ground of bonafide requirement/need.

In this case, the landlord sought eviction of the tenant on two grounds: One, wilful default in payment of rent and two, bona fide requirement of the premises for the own use of the landlord. The applicable law was Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960.

The Rent Control Appellate Authority passed an eviction order. However, the said order was set aside by the Andhra Pradesh High Court observing that the eldest son of the Landlord was still pursuing studies and therefore the requirement of the land lord was not bona fide.

"There is no bar for someone who is pursuing higher studies, to start a business. The High Court, for a moment did not realize that it was dealing with a revision, where its jurisdiction was limited", the bench of Justices S. Abdul Nazeer and V. Ramasubramanian observed. The court noted that the Appellate Authority had found that the landlord was carrying on business and that he had children for whom he wanted to set-up a business.

Thus, the bench restored the eviction order passed by the Rent Control Authority and set aside the High Court order. However, it gave the tenant six months' time to vacate the property and handover the vacant possession.

Case details

Mohammed Sadiq vs Deepak Manglani | 2022 LiveLaw (SC) 957 | CA 8028 OF 2022 | 1 Nov 2022 |Justices S. Abdul Nazeer and V. Ramasubramanian

For Petitioner(s) Ms. Vibha Datta Makhija, Sr. Adv. Mr. Santanu Ghosh, Adv. Mr. Praveen Gaur, Adv. Ms. Baani Khanna, Adv. Mr. karan Mamgain, adv. Ms. Sampriti Bakshi, Adv. Mr. Satya Prakash, Adv. Mr. Nikhil Jain, AOR Mr. Kaushik Dey, Adv.

For Respondent(s) Mr. Rajiv Raheja, AOR Mr. Mohit A., Adv.

Headnotes

Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 ; Section 10 - Bonafide requirement - The landlord was carrying on business and that he had children for whom he wanted to set-up a business - Rent Control Appellate Authority passed Eviction Order -Andhra Pradesh HC, while allowing Revision Petition observed that the eldest son of the Landlord was still pursuing studies and therefore the requirement of the land lord was not bona fide - Allowing the appeal, the SC observed: There is no bar for someone who is pursuing higher studies, to start a business. The High Court, for a moment did not realize that it was dealing with a revision, where its jurisdiction was limited.

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