Law Web: Whether landlord can seek eviction of tenant from residential premises if he requires it for non-residential purpose?
Whether landlord can seek eviction of tenant from residential premises if he requires it for non-residential purpose?
Besides the abovesaid subsequent development, there is another vital matter which has been overlooked by the lower Court, inasmuch as, admittedly, the suit premises were let out to the original tenant (predecessor of the petitioner) for residential purpose and were/are being used as such, but the respondent No. 1 landlord has invoked the ground of bona fide requirement for starting business in the suit premises. Section 25 of the Act clearly prohibits conversion of residential into non-residential premises. In view of this prohibition it is not open for the respondent No. 1 to use the suit premises for any other use but residential purpose. Understood thus, the ground of bona fide pressed by the respondent No. 1 is therefore unavailable in law.