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I have immovable properties in Mumbai, Bangalore which are let-out, now I require them for my business. Please inform me, in general, the grounds for eviction of my tenants?

- by Ramesh, Bangalore

requirement" while in some other "Need" or "genuine need" or "requires reasonably and in good faith". The meaning thereof is same. Now by and large every High Court and also the Supreme Court has considered it in various cases and ultimately held that; (i) Landlord is the best judge of his requirements. He has complete freedom in the matter. It is no concern of the Courts to dictate to the landlord how and in what manner, he should live or to prescribe for him a standard of his living (ii) Court need not be solicitous and venture in suggesting what would be more appropriate for the landlord to do (iii) The Court should not give gratuitous advice to the landlord, (iv) Need of the landlord should  be  genuine  and honest, conceived in good faith; and that further, the Court must also consider it reasonable to gratify that need; (v) Landlord's desire for possession, however honest it might otherwise be, has inevitably a subjective element in it and that desire to become a requirement in law must have the objective element of a 'need'. It must also be such that the Court considers it reasonable and therefore, eligible to be gratified, (vi) Words "reasonable requirement" undoubtedly postulate that there must be an element of need as opposed to a mere desire or wish. The distinction between desire and need should doubtless be kept in mind but not so as to make even the genuine need as nothing but a desire.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.


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Recently my cousin purchased an apartment costing Rs. 21/- lakh.  Out of this, Rs. 6/- lakh was invested by his mother and remaining Rs. 15/- lakh is though Bank loan. When he applied for the loan he made his wife as co-applicant, even though she is not paying her share of EMI. The property is registered in his name. His wife is showing lot of instability in their relationship. He now fears that they might get separated. He doesn’t want the property to go to his wife.
Please advise what he should do so that the property would not go to his wife?

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