Bonafide versus expiry of lease and constitutional relief on right to property and enjoyment thereof
Atul
(Querist) 08 January 2014
This query is : Resolved
Most of large corporations/companies take land on lease for setting up retail outlets/ petrol pumps. At the time of vacation on account of expiry of lease, they take refuge under state rent laws which protects tenants and contesting bonafide need/s of the landowner despite the fact that the original lease has expired for decades together and are paying a paltry sum as lease rent.
What is the defense for the landlord if bonafide is not proved in lower courts due to -
1. Witness of the tenant not crossed by the landlord's advocate.
2. Is the personal need of landlord NOT bigger than commercial need of a large corporation based on "principles of equity".
3. Can landlord bring additional grounds before the appellate higher courts like new bonafide need.
4. Do the tenant get protection under state laws when infact they are tenant Not-in-Possession as only their dealers (who are outside parties) occupying the property.
5. Some landmark case laws enumerating basics.
6. Is the objective of the state rent laws served whereby large corporations take refuge under law setup to protect vulnerable tenants, whereas, in fact,the landlord is vulnerable.
Atul
(Querist) 08 January 2014
What is the defense available to landlord in case bonafide is not proved and case is filed both under bonafide requirement and expiry of lease under TPA ? Can eviction under TPA be maintained if its legality is challenged and Courts are petitioned to uphold tenant's
Rajendra K Goyal
(Expert) 08 January 2014
Contact a local lawyer and show him all the documents and case file.
Devajyoti Barman
(Expert) 08 January 2014
It seems a presumptive query.
Has the landlord lost the case?
If not how could he know that he failed to prove bona fide ground.
Atul
(Querist) 09 January 2014
The landlord's contention of bonafide is not accepted in the appeals. However it was accepted in the 1st Court.
ajay sethi
(Expert) 09 January 2014
move SC against impugned order if you lost before HC . it is necessary to go through the case papers to advise
Devajyoti Barman
(Expert) 09 January 2014
You are disclosing too little too late and that too after you are asked to do so.
T. Kalaiselvan, Advocate
(Expert) 12 January 2014
You say at one place that the cross of the defendant is pending and at another place you refer appeal queries, which is correct that whether the case as been disposed or still pending at the lower court?.
