Tenants can't force landlord to move kin out of property: HC

Shibu Thomas, TNN | Jun 21, 2013, 04.35 AM IST


"A tenant or the court can't dictate a landlord on what is bona fide and reasonable need... landlord is the best judge of his requirements," said the judge. 
The high court set aside as "perverse" a lower court's order that directed the landlady's son and his family to move to Badlapur where her daughter-in-law has a house. This, despite the tenant owning a home in Dombivli. 

"The (lower) court wants the landlady's family to be separated, some members to live in Thane and others in Badlapur, when they have a house of their own in Thane," said the judge. "It is difficult to understand how the landlady's family can be directed to be separated and the tenant allowed to live on the rented premises, when, by her own admission, she owns a building in Dombivli." 

The flat is on the ground floor of Thane's Shrikripa Building, which the landlady, Sudha Barve, rented out to Ramesh Padhye in 1974. Once he died, Padhye's wife Ranjana and her two children continued living there. In the mid '90s, Barve moved court, seeking their eviction; she had complained that rents were not paid, a creche was run illegally from the flat and alterations were made to the flat without permission. Barve also said she stayed in a 300-sq-ft flat and needed the rented place to house her family comprising her divorced daughter, son, his wife and their two children. While the trial court in 2002 held in Sudha's favour, the appellate court reverse the verdict. It asked Sudha's son to move out with his family to Badlapur. 

During the pendency of the case, Barve died. The HC even said after her death, "it cannot be said the space would be enough for the family..." consisting of her daughter, son, daughter in law and their two children. It is to be noted that the family is a growing family and as such the requirement cannot be said to be fanciful.'' and struck down the appellate court order.

http://timesofindia.indiatimes.com/city/mumbai/Tenants-cant-force-landlord-to-move-kin-out-of-property-HC/articleshow/20692102.cms

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  Invictus Jo With you mr Gidwani ...this judge lawyer charade must end

  8 hours ago · Like
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  Roshani Bafna since last 27 years ,my losses owing to tarikh pe tarikh without any reason are irreparable, what should i claim?

  5 hours ago · Edited · Like
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  Alok Tholiya I am willing to protest against this fraud against honest litigants by advocates having setting.

  17 minutes ago · Like
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  Indur K Chhugani Today I had Criminal Application before Justice Hardas n Justice Bhatkar in Court Room No 43 at No 25 .... I reached court at 11.05 AM ... Before I entered, I was informed by Respondent Police Officers ... That the case is adjourned for 2 weeks at 11 A...See More

  15 minutes ago · Like
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  Alok Tholiya In a rent case where my tenant has asked for extra rights and filed case in 1990 and is on due to such setting. In her case I filed to expidite on the ground of my mother being old , senior citizens and ailing but order was not passed for 4 years. Same tenant and same advocate in one appeal asked for expiditing the appeal and the judge on first day passed the expidite application. When I asked they have not attached any proof of age then Judge retorted that we are passing the order on the basis of short title on application . I applied 4 years back for amendment in plaint of tenant as by mother expired and as per probate / will my sons name had to come. Her Advocate insisted he wants copy of will. For 3 years I resisted and court did not move an inch for 3 years. Then to avoid delay I gave him copy of will. Today we asked for a year he has copy of will then why is he not carring out suitable amendment? He said it is not necessary as case can be against any one landlord/ coowner. he also raised an issue that I write to PM<presi, Chief Judges etc .... Why not if my grivances are not redressed then I have a right to go to higher authorities. But ...........That is India I live in people with no shame, no ethics, no honesty.

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