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Civil Property & InheritanceSupreme Court of India

Krishna Kumar Rastogi v. Sumitra Devi

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 7796-7797 of 2014)Decided 20 Aug 2014
Civil Appeal Nos. 7796-7797 of 2014
Justice Sudhansu Jyoti Mukhopadhaya · Justice Prafulla C. Pant

Background

A Bijnor landlord sought release of a rented shop to establish his unemployed son's general merchandise business. The prescribed authority accepted his need, but the appellate court and High Court rejected it, relying on an alleged attempt to sell the shop and another son's business in rented premises. The tenant disputed the need and asserted greater hardship.

Decision Breakdown

The Court allowed the landlord's appeals and restored the release order. The alleged attempt to sell the shop was denied and lacked documentary support sufficient to displace the established need. Another son's business, itself run from rented accommodation, did not show that the son for whom the shop was sought already had suitable premises. The landlord's requirement need not amount to dire necessity, and courts should not dictate the business he or his family should pursue. The tenant was allowed until 31 December 2014 to vacate, after which the restored order could be executed.

Lesson Learnt

A genuine need to establish a family member's business can support release of rented premises. Another relative's separate business does not necessarily answer that need; the actual evidence matters.

Krishna Kumar Rastogi v. Sumitra Devi – Legal Case Shots | LegalAware