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Eviction can be sought for construction: SC

New Delhi, May 17
The Supreme Court has held that a landlord could seek eviction of a tenant on the ground that the rented portion needed demolition for the construction of more residential premises.

“The useful utilisation of the property which would on demolition and reconstruction make available more space to be occupied by human beings for residential or non-residential purposes and the genuine desire of the landlord to earn economic advantages are relevant factors pointing to the bona fides of the requirement,” the court said.

This ruling was given by a Bench comprising Mr Justice R.C. Lahoti and Mr Justice B.N. Agrawal while upholding the Rent Controller’s decision directing the eviction of Harrington Housing School meant for children of NRI parents at Tirupur in Tamil Nadu.

The owners of the property, Mr S.A. Ispahani, had stated that a number of multi-storey buildings had come up in the vicinity and that he wanted to convert the small building into such a complex.

The school contended before the apex court that it would not be in public interest to order eviction resulting in closure of the school only to serve the private interest of the landlord.

Mr Justice Lahoti, writing for the Bench, said such a plea was aimed at touching the emotions and not the law.

“The school is an unrecognised private school run by the tenant catering to the need of non-resident Indians who have to leave their children behind in the country. Indeed, the school is being run not for a social service, but for the private earnings of the tenants,” he said.

The Bench said: “The proposed reconstruction would put the property to optimum utility and would be able to provide roof on the head of and shelter many a families hitherto deprived of the same and may also provide additional space for business and commerce if a part of the proposed construction is commercial.

“We do not think that in such circumstances eviction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Control) Act, 1960, can be denied in the name of public interest,” it said. PTI