Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bonafide need ~ Tenanted shop measuring 9. 7 sq. meters -Appel/ants-Landlords seeking eviction of tenanted shop on the ground that they need the shop for their own business - Plea of appellants that they were selling betel nuts and betel leaves in the open on the street and they 0 needed the shop in question which was most suited for their business- Plea of respondent-tenant that the appellants were in joint business with their father and uncle and do not require the suit shop |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent control and eviction:Bonafide need ~ Tenanted shop measuring 9. 7 sq.meters -Appellants-Landlords seeking eviction of tenantedshop on the ground that they need the shop for their ownbusiness - Plea of appellants that they were selling betelnuts and betel leaves in the open on the street and theyneeded the shop in question which was most suited for theirbusiness- Plea of respondent-tenant that the appellants werein joint business with their father and uncle and do not requirethe suit shop - Held: The properly owner has right to use hisproperty as he chooses, and if the appellants in the instantcase had purchased the suit property, for running their ownbusiness, there is no irregularity therein, nor can there beany doubt about their bonafide desire to run the proposedbusiness in the premises, independent of the other familymembers - The premises measuring a mere 9. 7 squaremeters would be most suitable for selling betel-nuts and bate/"leaves - This is the usual size of the shops engaged in suchbusiness-Plea of tenant that appellants purchased anotherproperly measuring 105- 7 sq. meters during pendency of theeviction suit and same can be used by them- Said plea nottenable since a retail business of selling betel-nuts, bidi andtobacco etc. cannot be run from a premises as large as theone measuring 105- 7 sq. meters and it is unlikely forcustomers to visit such a large premises for buying betel-leaves; betel-nuts and bidis etc. - The suit premises which measures 9. 7 sq. meters would attract retailers of the tradeunder reference, as shops .selling betel-leaves and betel-nutsare usually of the size of the suit property - Furthermore,respondent-tenant was running a grocery shop, had aseparate business premises wherein he was having a bicycle- shop and, in addition thereto, he had agricultural lands andalso a wine shop in partnership with his wife - Thus, eventhe comparative hardship would be that of the appellants, asagainst the respondents - Appellants entitled to evictiondecree. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2015 INSC 768 |
Petitioner | Faruk Ilahi Tamboli &anr. |
Respondent | B.s. Shankarrao Kokate (d) By Lrs. & Ors. |
SCR | [2015] 10 S.C.R. 1130 |
Judgement Date | 2015-10-14 |
Case Number | 8648 |
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