New decision of supreme court on vacating possession?

The Supreme Court has stated that the important date for determining the authenticity of the landlord's requirement (good will) will be the date of the application for vacating the possession.

The High Court quashed the Rent Control Authority's order to vacate the possession in the case of Shashi Kumar v. Sundararajan, stating that termination of possession would not only be considered from the date of the authenticity petition, but also to continue its authenticity till the date of the final decision of the petition needed.

The landlord gave the application for eviction of rent from tenant under section-10 (3) (a) (iii) and 14 (1) (b) of Tamil Nadu Building (Lease and Rent Control) Act, 1960, stating Was that he himself needed the premises to start a garment shop.

A bench of Justice R Bhanumathi and Justice AS Bopanna disposed of the appeal against the High Court verdict, saying that there is nothing in the record to indicate that the landlord citing the need for himself to vacate the possession The petition was filed, that need is no longer there. The court also took cognizance of the fact that the landlord filed the petition in 2004, which was settled by the Rent Controller in 2011 and the Appellate Authority upheld the order in 2013.

The High Court also disposed of the revision petition on 6 March 2017. The court said: "Such a different conclusion cannot be reached if it is forgotten that the judicial process takes a long time and delays in it result in the landlord being denied benefits. Tenants will try to prolong the lawsuits .... Holding the landlord responsible for the complete delay in the judicial process cannot be denied. .

If the requirement stated on the date of the petition is still intact and if it has been proved then it will suffice and in this way the delay in the judicial process will not matter.

This court has provided the case in Gaya Prasad vs Pradeep Srivastava (2001) that the landlord cannot be punished for laxity in legal process.

JUDGEMENT HERE