Raj 22 September 2017

Bona fide requirement of landlord

Dear Experts, If I file a petition under bona fide requirement for my commercial tenanted property and I don't have any prior business experience and I only mention that I intend to do a hardware business, but I don't have any expertise in the hardware business, will this create a problem for me, in the eyes of the Judge. Can tenant also raise this question, that how he wants to do a hardware business without any prior business experience?

I have read in few judgments of other bona fide cases, and it was written that the tenant cannot dictate terms, as to how the landlord intends to use his property. Please guide, thank you in advance :)

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5 Replies

SHREY DAMBHARE 22 September 2017

Landlord is best judge to decide his bonafide requirment. This is paramount concept. Nidhi Vs. Ram Kripal Sharma (2017) 5 SCC 640. Read this judgment. It's most recent one judgment of Supreme Court. No one is going to judge whether you have experiance of hardware business. In your case if tenat file leave to defend application then he have to prove prima facie case why he should not be evicted? So burden shift on him.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 22 September 2017

It is a good case law but not final authority.

Court has given judgment on basis of balance of conviniece of the parties. Here the tenants advocates were strong upto HIGH COURT but could not put proper defense at SC level.

As of now the basic concept of all judgments is that who will have more hardships. If the tenent can prove more hardship there can not be any order against the tenant.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 22 September 2017

It is a good case law but not final authority.

Court has given judgment on basis of balance of conviniece of the parties. Here the tenants advocates were strong upto HIGH COURT but could not put proper defense at SC level.

As of now the basic concept of all judgments is that who will have more hardships. If the tenent can prove more hardship there can not be any order against the tenant.

P. Venu (Advocate) 22 September 2017

Yes, lack of experience in the proposed business is not a decisive factor in deciding whether the requirement is bonafide or otherwise.

SHREY DAMBHARE 22 September 2017

Running Hardware shop is not rocket science. Rent Control Courts and High Court most of the time act pro tenat court. Just remember you have valid claim and complete defence for it. Your reasonable requirment can be decided by you only, no judge nor tenant can dictate what's your reasonable requirement. Though you will have to prove bona fide requirment beyond all reasonable doubt. But, there is two thing, if Case proceed then tenat may file leave to defend at that time he will have to prove that property is not reasonabally required by you and if he won't file then after evidence and witnesses, your resonable requirment will be decided thereafter eviction comes into picture.