Tenant can be evicted from commercial premises also: SC
The Supreme Court has held that a tenant can be evicted from not only residential premises but also commercial premises to meet the bonafide requirements of the landlord for self-occupation.delhi Updated: Jan 07, 2010 21:09 IST
The Supreme Court has held that a tenant can be evicted from not only residential premises but also commercial premises to meet the bonafide requirements of the landlord for self-occupation.
A bench of Justices Tarun Chatterjee and V S Sirpurkar said there cannot be any discrimination vis-a-vis residential and non-residential premises for evicting a tenant as otherwise it would be violative of Article 14 (equality before law) of the Constitution.
The apex court passed the ruling while dismissing the appeal filed by tenant Ashok Kumar challenging the eviction order passed by the Rent Controller and affirmed by Punjab and Haryana High Court.
In this case, the two courts had ordered eviction of the tenant/appellant from a shop constructed on the ground floor at a plot in Gurgaon district in Haryana.
However, the tenant challenged the eviction and the judgements of the two courts on the ground that under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a tenant can be evicted only from residential premises.
The apex court, however, rejected the argument and said if the landlord is able to prove his bonafide needs, the tenant can be evicted not only from residential premises but also commerical premises.