38.6c New Delhi, India, Monday, March 02, 2026
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Tenant Cannot Dictate Landlord’s Choice of Premises or Suggest Alternative Accommodation: SC [Read Order]

By Saket Sourav      30 December, 2025 11:59 PM      0 Comments
Tenant Cannot Dictate Landlords Choice of Premises or Suggest Alternative Accommodation SC

New Delhi: The Supreme Court of India has held that a tenant cannot dictate to a landlord which accommodation should be treated as suitable for the landlord’s bona fide requirement, nor can the tenant insist that the landlord start a business from some other premises suggested by the tenant. The Court emphasized that, in revisional jurisdiction, microscopic scrutiny of pleadings and evidence to reverse concurrent findings of two courts on bona fide need is impermissible unless the jurisdiction exercised by the lower courts is ex facie without authority.

A Bench comprising Justice J.K. Maheshwari and Justice Vijay Bishnoi delivered the decision while allowing a civil appeal filed by Rajani Manohar Kuntha & Ors., challenging the judgment of the Bombay High Court which had set aside concurrent decrees of eviction passed by the Trial Court and the First Appellate Court.

The case concerned a suit seeking eviction of a non-residential accommodation, described as No. 4, situated on a plot of land bearing CTS No. 425, 12th Lane, Kamathipura, Nagpada, Mumbai. The suit was filed by the plaintiff for the bona fide requirement of his daughter-in-law. The Trial Court decreed the suit, and the First Appellate Court confirmed the decree. However, the High Court set aside these concurrent judgments in the exercise of its revisional jurisdiction.

The plaintiff sought eviction of commercial premises situated on the ground floor and occupied by the defendant. The pleadings and evidence demonstrated that the need for the ground-floor premises for commercial use was bona fide, as concurrently found by both the Trial Court and the First Appellate Court. The other premises located on the second and third floors were residential in nature.

One issue that arose concerned a room situated on the ground floor, which the plaintiff had pleaded to be residential, though a commercial electricity connection had been obtained after the filing of the suit in 2016. The High Court appeared to rely on this aspect to doubt the bona fide nature of the requirement.

Another significant aspect was that the defendant proposed alternative accommodation and argued that the plaintiff should accept such alternative premises instead of seeking eviction from the suit property.

The Supreme Court found that the High Court, while reversing the concurrent findings of two courts holding the plaintiff’s daughter-in-law’s requirement to be bona fide, had undertaken a microscopic scrutiny of the pleadings and evidence and had impermissibly reversed those findings in revisional jurisdiction.

The Court held:

“In our view, such scrutiny in the exercise of revisional jurisdiction is not permitted unless the jurisdiction exercised by the two courts concurrently is ex facie without authority, which is not the case herein.”

On the issue of the ground-floor room for which a commercial connection was taken after the filing of the suit in 2016, the Supreme Court held that this, by itself, could not be a ground to nullify the bona fide requirement in the exercise of revisional jurisdiction.

On the issue of alternative accommodation proposed by the defendant, the Supreme Court made an important observation, holding:

“In addition, the defendant proposing alternative accommodation cannot dictate to the plaintiff-landlord the suitability of such accommodation so as to nullify the need, merely on the ground that other premises, allegedly residential in nature, had a commercial electricity connection taken during the pendency of the eviction proceedings.”

The Court further emphasized:

“In our view, this would not nullify the bona fide need of the daughter-in-law of the plaintiff.”

The Supreme Court referred to its earlier decision in Bhupinder Singh Bawa v. Asha Devi (2016) 10 SCC 209, reiterating that a tenant cannot dictate to the landlord regarding the suitability of accommodation or compel the landlord to start a business from premises suggested by the tenant.

Holding that the microscopic scrutiny undertaken by the High Court in revisional jurisdiction was ex facie without jurisdiction, the Supreme Court allowed the appeal, set aside the impugned judgment of the High Court, and restored the judgments of the Trial Court and the First Appellate Court.

However, considering that the respondents had been occupying the suit premises for over half a century, the Supreme Court granted time until June 30, 2026, to vacate the premises, subject to the following conditions:

  • Payment of arrears of rent within one month
  • Payment of regular rent on a month-to-month basis
  • Handing over peaceful vacant possession of the premises to the appellants on or before June 30, 2026
  • Not parting with possession or creating any third-party rights in the premises
  • Filing a usual undertaking within three weeks before the Registrar, Bombay High Court

The Supreme Court further clarified that non-filing of the undertaking or violation of any of the above conditions would entitle the landlord to execute the decree immediately, and the time granted for vacating the premises would not affect execution proceedings. Any defiance of the conditions may be treated as non-compliance with the Court’s order.

Case Title: Rajani Manohar Kuntha & Ors. v. Parshuram Chunilal Kanojiya & Ors., Civil Appeal arising out of SLP (C) No. 30407 of 2024

[Read Order]



Share this article:

About:

Saket is a law graduate from The National Law University and Judicial Academy, Assam. He has a keen ...Read more

Follow:
Linkedin


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS


TOP STORIES

those-who-dont-believe-in-gurus-are-rascals-madras-hc-judge-sparks-row
Trending Judiciary
“Those Who Don’t Believe in Gurus Are Rascals”: Madras HC Judge Sparks Row

Madras HC Justice G.R. Swaminathan’s remarks on non-believers spark nationwide debate as impeachment motion and judicial conduct concerns resurface.

24 February, 2026 11:49 AM
ncert-introduces-judicial-backlog-and-corruption-in-class-8-curriculum-highlights-47-crore-pending-cases-across-courts
Trending Judiciary
NCERT Introduces Judicial Backlog and Corruption in Class 8 Curriculum, Highlights 4.7 Crore Pending Cases Across Courts

NCERT updates Class 8 textbooks to address judicial backlog and corruption, citing 4.7 crore pending cases and accountability mechanisms in India’s courts.

25 February, 2026 11:12 AM
delhi-hc-grants-jubin-nautiyal-ex-parte-injunction-against-ai-platforms-e-commerce-sites-for-personality-rights-violations
Trending Judiciary
Delhi HC Grants Jubin Nautiyal Ex Parte Injunction Against AI Platforms, E-Commerce Sites for Personality Rights Violations [Read Order]

Delhi HC grants ex parte injunction to Jubin Nautiyal against AI platforms and e-commerce sites over unauthorised use of his voice, image and persona.

25 February, 2026 12:48 PM
voluntary-confessions-under-customs-act-are-valid-evidence-for-conviction-sc
Trending Judiciary
Voluntary Confessions Under Customs Act Are Valid Evidence for Conviction: SC [Read Judgment]

Supreme Court holds voluntary confessions under Section 108 of the Customs Act are valid evidence to sustain conviction in smuggling cases.

25 February, 2026 12:54 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email