New Delhi, January 04: The Supreme Court has held that courts have no business to dictate landlords as to where they should set up their shops as the judiciary’s role is limited to the extent of deciding the genuineness of their claim to take possession of their rented premises.
A bench of Justices Markandeya Katju and R M Lodha said once it is established that the landlord has a bonafide claim to take possession of the premises rented out, courts cannot suggest alternative accommodation.
“In our opinion, once it is not disputed that the landlord is in bonafide need of the premises, it is not for the courts to say that he should shift to the first floor or any higher floor”.
It is well known that shops and businesses are usually (though not invariably) conducted on the ground floor, because the customers can reach there easily.
“The court cannot dictate to the landlord which floor he should use for his business; that is for the landlord to decide,” the apex court observed.
The apex court passed the order while quashing the directions of the Madhya Pradesh High Court which had affirmed the order of an appellate court, directing the landlord Uday Shankar Upadhyay and his sons to start their business on the first floor.
—Agencies