Excelsior Correspondent
SRINAGAR, Mar 10: High Court held that the landlord may evict the tenant for reconstruction of the structure but the same has to be offered back to the tenant after rebuilding at market rate.
“Where the landlord obtains the building pursuant to a decree of ejectment only on the ground that he requires the building for reconstruction, then it enjoins upon such a landlord to offer the building to the evicted tenant on a rent at the market rate”, Justice Javed Iqbal Wani said.
Underscoring the essence of J&K Houses & Shops Rent Control Act Justice Wani recorded that the law permits a suit for ejectment on the ground of personal requirement for reconstruction, it forbids a landlord from occupying a building obtained solely on the ground of rebuilding without offering the same to the tenant.
The court while dealing with the case in hand said that once the shop in question stands reconstructed pursuant to the eviction decree by the landlords, the tenants, under and in terms of Houses and Shops Rent Control Act have the first right to tenancy thereof upon payment of rent at market rate.
“The landlords cannot deny the said first right of tenancy to the tenant on the ground that they, the landlords, intend to retain the shop for their personal use and does not want to let it out, in that, the same has been held to be forbidden by law”, reads the judgment.
The court dismissed the plea of landlord for retaining the possession of the shop in question and allowed the plea of tenant by holding that he is supposed to be offered the said shop after rebuilding of the structure by the landlord on fixing the rent at market rate.
The landlord/s consequently are directed to handover the possession of the shop in question to the tenant/s forthwith preferably within a period of ten days, and the tenant shall pay rent to the landlord in lieu thereof at the present market rate without any fail from the date of occupation of the shop”, Justice Wani directed.
The court however has made it clear that in case the landlords are dissatisfied with the said rent, they shall be well within their right to seek determination of fair rent in this regard under and in terms of Section 8 of the Act.
“In the event the landlords fail to handover the possession of the shop in question to the tenant/s as directed, the Superintendent of Police concerned in that case, in furtherance of execution of this order, shall ensure the delivery of the possession of the shop in question by the landlords to the tenants, without any fail, and shall file a compliance report before the Rent Controller in this regard”, the court further directed.
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