Hc Says Re-entry Of Tenant Subject To Law Of Time, ET RealEstate
SHIMLA: Saying that a tenant’s right to re-enter a property has been granted in the Himachal Pradesh Urban Rent Control Act, 1987, the Himachal Pradesh high court, in a recent judgement, observed that such right is not absolute.
Justice Vivek Singh Thakur, while disposing of a petition, said a court has to determine the same keeping in view the given facts and circumstances of the case, including the purpose for which reconstruction/rebuilding of the premises has been proposed and permitted, and also keeping in view the bonafide requirement of the landlord. The court said in case the premises, after rebuilding/reconstruction, are to be rented, then tenants will have the right to re-entry/re-induction in accordance with law.
The court added that as far as the right of re-induction or re-entry is concerned, it will be subject to provisions of law applicable and prevailing at that point of time.
It said if a premises is ordered to be vacated for bonafide requirement of the owner to use the premises in a better way by converting the residential building into a commercial complex, a tenant may not claim re-entry or re-induction in the newly constructed commercial complex for residential accommodation.
The court said there may be a case where the landlord intends to expand his business and will have a requirement of more space for commercial activity by rebuilding/reconstructing the premises. In such eventuality also, it may not be justified to impose a tenant upon him, causing curtailment of his plan of extension of his business.
Judgement said in a given case, a building may be proposed to be reconstructed or rebuilt for its own residential purpose with no proposal to let it out. In such eventuality, a tenant cannot be thrusted upon the owner of the premises by way of re-induction or re-entry in a house particularly designed and constructed in a manner that there is no scope for letting out a portion thereof as existence of any other family in such premises may cause interference in privacy.
