Crucial Date For Deciding Bonafide Requirement Of Landlord Is The Date Of Application For Eviction: SC [Read Judgment]

The crucial date for deciding the bonafide requirement of landlord is the date of application for eviction, the Supreme Court has reiterated on Monday.

The High Court, in this case [D. Sasi Kumar vs. Soundararajan], while setting aside the concurrent eviction orders passed by Rent Control Authorities under, had observed that the bonafide occupation as sought should be not only on the date of the petition but it should continue to be there on the date of final adjudication of rights. 

The eviction petition was filed by the landlord under Sections 10(3)(a)(iii) and 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, contending that the premises is bonafide required by him for setting up a garment shop. 

In appeal, the bench comprising Justice R. Banumathi and Justice AS Bopanna noted that there is no material on record to indicate that the need as pleaded at the time of filing the petition does not subsist at this point. It also took note of the fact that the petition was filed by the landlord in 2004 which was disposed of by the Rent Controller only in the year 2011 and the Appellate Authority affirmed this order in the year 2013 and that the High Court had itself taken time to dispose of the Revision Petition, only on 06.03.2017. It observed:

Even otherwise such conclusion cannot be reached, when it cannot be lost sight that the very judicial process consumes a long period and because of the delay in the process if the benefit is declined it would only encourage the tenants to protract the litigation so as to defeat the right…
…The entire delay cannot be attributed to the landlord and deny the relief. If as on the date of filing the petition the requirement subsists and it is proved, the same would be sufficient irrespective of the time lapse in the judicial process coming to an end. This Court in the case of Gaya Prasad vs. Pradeep Srivastava, (2001) 2 SCC 604 has held that the landlord should not be penalised for the slowness of the legal system and the crucial date for deciding the bonafide requirement of landlord is the date of application for eviction, which we hereby reiterate.

The bench then set aside the High Court order and directed the Tenant to evict himself on or before 31.01.2021. 

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