'Can't stop landlord from beneficially enjoying property', HC dismisses plea challenging eviction order

'Can't stop landlord from beneficially enjoying property', HC dismisses plea challenging eviction order

Allahabad High Court has said that the tenant or the court has no right to decide how and in what manner the landlord should live. The High Court has made this comment while hearing the petition challenging the eviction order of the tenant issued under the Rent Control Act.

The court said, 'There is no legal provision to prevent the landlord from the right to beneficially enjoy his property.' Hearing the petition of Vijay Kumar Vanshwar, Justice Alok Mathur said, the landlord has every right to determine that How and in what manner he will live. It cannot be directed, controlled or restricted by the court or any other person. The court refused to intervene in the case.

The petitioner is a shop tenant and has been running a small machine parts shop for the last 37 years.

The landlord claimed that his unemployed son needed a shop to start a business. For this he gave notice to vacate the shop and filed an eviction suit.

An order for eviction of the petitioner was issued. The District Court also confirmed the eviction order. This was challenged in the High Court. The petitioner said that the landlord has many other vacant shops to start his independent business.

The landlord said that he needed this shop to establish his son's business. He wants to open a furniture shop. Setting up and running a furniture shop requires large area and cannot be run from a small shop. Also the nearby shops owned by the defendant will also be required. The court said that the landlord should pay Rs 25 thousand to the petitioner as compensation.

 

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