Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerela Buildings (Lease and Rent Control) Act 1965 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Kerala Buildings (lease and Rent Control) Act, 1965 (2 of 1965) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Kerela Buildings (Lease and Rent Control) Act, 1965:s.11(4)(v)- Eviction on the ground that tenant ceased to occupy the premises for six months without reasonable cause , Held: If the premises is let out for business or commercial purpose, complete cessation of the business/commercialactivity may give rise to a presumption that the tenant had ceased to occupy the premises - The initial burden to show that the tenant has ceased to occupy the premises continuously for 6 months is always on the landlord· - Once such evidence is adduced, the burden shifts on the tenant to prove that there was reasonable cause for his having ceased to occupy the tenanted premises for a continuous period of 6 months - In the instant case, the tenant did not produce any evidence to prove physical occupation of the premises or any business transaction - It also failed to produce any evidence to show that there was reasonable cause for non occupation of the suit premises - The tenant was declared a sick company - It had neither pleaded nor any evidence was produced to show that the financial stringency was due to the reasons beyond its control - Therefore, so called financial stringency cannot be construed as reasonable cause within the meaning of s.11(4)(v) - The finding of courts below that the landlord had succeeded in making out a case for eviction u/s.11 (4)(v) and there was no reasonable cause for the tenant to have ceased to occupy the suit premises continuously for a period of six months is upheld - Rent and eviction.s.11(4)(v) - Financial difficulty of the tenant whether reasonable cause for non-occupation of the tenanted premises - Held: If the suit premises is ·let out for industrial · or commercial/business purpose and the same is not used for the said purpose continuously for a period of six months, the tenant cannot plead financial crunch as a ground to justify non-occupation of the building unless cogent evidence is produced by him to prove that he could not carry on the industrial or commercial/business activity due to fiscal reasons which were beyond his control - Legal possession of the building by the tenant by itself, is not sufficient for refusing an order of eviction unless the tenant proves that there was reasonable cause for his having ceased to occupy the building - Sick Industrial Companies (Special Provisions) Act, 1985 - s.22(1).Applicability of s.22(1) of SICA, 19B5 to eviction proceedings - Held: Prohibition contained in s.22(1) does not operate as a bar to the maintainability of a petition filed for eviction of tenant - Sick Industrial Companies (Special Provisions) Act, .1985 - s. 22(1 ). |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2011 INSC 353 |
Petitioner | Dunlop India Limited |
Respondent | A.p. Rahna And Anr. |
SCR | [2011] 5 S.C.R. 1080 |
Judgement Date | 2011-05-04 |
Case Number | 3911 |
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