Mumbai: Bombay HC has recently proclaimed that if the owner is in actual need for his/her property than tenant have no right to file case against eviction. No tenant could plea against heir on the grounds of explusion from the property if heir could prove his/her geninue need for the property.
According to the hindustan times report, the case was filed in 1986 by tenants which were told to vacant property by the heirs of landlords due to the need of the property for their personal use. In 2016, 2 courts passed the order favouring to landlords subsequent to which tenants approached high court.
In the recent hearing, advocate of tenants stated that the original tenant and heir are no more and have the offspring proceeding in this matter. In 1986, heirs asked tenants to vacant the porperty even if they didn't had the actual "need" of the property, The explanation was given that two heirs had permanent government jobs and did not need the premise. As there was free space available, heirs of landlord were able to construct alternate premise adjacent to the previous property.
Whereas, the lawyer of heirs stated an explanation it is not the business of tenants to tell them that what should be done with their own property. Also, mentioned that the original documents submitted by the heirs makes it crystal clear they had the necessity also the reapplication should be put down.
The bench of justice Dama Seshadri Naidu was hearing a plea filed by a few tenants challenging the eviction orders issued against them by the trial and appellate court. In this case, due to the fact that there are many children of the tenant though two of them have jobs does not lesser the need for shelter, tenants could approach to Supreme Court. But the application for revision is terminated by Bombay HC.
