Citizens' Issues
Tenant Can’t Dictate Landlord’s needs

A landlady’s family cannot be asked to live separately while her tenant is occupying the rented premises, the Bombay High Court has ruled. Setting to rest a 20-year-old legal dispute between a Thane resident and her tenants, Justice BR Gavai asked the latter to move out. “A tenant or the court can’t dictate to a landlord on what is bona fide and reasonable need... landlord is the best judge of his requirements,” said the judge.

 

Sudha Barve had rented her flat on the ground floor of Thane’s Shrikripa Building, to Ramesh Padhye in 1974. Ms Barve moved the court seeking his eviction due to non-payment of rent. Also, a crèche was run illegally from the flat and alterations were made to the flat without permission. Ms Barve also said she stayed in a 300-sq-ft flat and needed the place for her family comprising her divorced daughter, son, his wife and their two children. During the case, Ms Barve died. The HC said even after her death, “it cannot be said the space would be enough for the family... consisting of her daughter, son, daughter in law and two children.”

 

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