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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.

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

QUESTIONS

Q:- I purchased a first floor flat from a promoter. From the second floor water is leading into my bathroom. Shall I ask the promoter to rectify the defect or the second floor owner? What is the remedy? Can I file a case against the promoter?

Q:- 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?

Q:- This query is about undivided land in apartments building. What care should be taken above the undivided land while purchasing a flat? Should we register this also while purchasing the flat? Can we construct an independent house after the flats are demolished?

Q:- I am staying in a rented apartment. As per the terms of the rental agreement, I issued 3 month's notice to the landlord. The land¬lord says he cannot refund the security deposit till he finds a new tenant. He is suggesting me to vacate the apartment. If I vacate the apartment I may not get the deposit back. If I do not vacate he will go on adjusting the rent against the deposit, which I do not want. Please suggest a way out to solve the problem.

Q:- I have entered into an agreement to sell to buy a flat.  Now the builder insists that I pay service tax, sales tax, electricity and BWSSB charges, stamp duty, registration charges corpus fund for association which will be nearly 25% more than agreed flat rate.  Whether I am liable to pay all the charges or not kindly clarify.