Tenant Cannot Dictate Landlord Should Choose Another Property to Start Business: Supreme Court
In a recent significant reaffirmation of landlord rights under Indian rent control jurisprudence, the Supreme Court of India has held that a tenant cannot dictate to a landlord which property should be used to satisfy the landlord’s bona fide requirement. The Court clarified that it is the landlord’s prerogative to decide the suitability of premises for starting a business and that tenants cannot compel landlords to shift their plans to alternative properties suggested by them. This ruling assumes importance in the context of long-standing tenancies, especially in metropolitan cities, where disputes often arise over claims of bona fide requirement for commercial premises.