The Allahabad High Court recently made an important decision regarding the Tenancy Law, clarifying the rights of property owners and tenants.
The court ruled that property owners have the fundamental right to use their property as they wish, even if it is rented out.
If needed, they can ask tenants to vacate the property. This statement was made by Justice Ajit Kumar while dismissing a petition by Zulfiqar Ahmed from Meerut.
Dispute Between Property Owner and Tenant
The case involved Jahangir Alam from Meerut, who had rented out two of his three shops. He was running a motorcycle repair and spare parts business in one of the rented shops.
To meet his business needs, Jahangir Alam asked his tenant, Zulfiqar Ahmed, to vacate the shop. However, Zulfiqar Ahmed refused to leave.
The matter was taken to the local court, which ordered the tenant’s eviction. Zulfiqar Ahmed then challenged the decision in the Allahabad High Court.
Court’s Verdict and Legal Principles
The High Court ruled in favor of the property owner, emphasizing that the right to use the property belongs to the owner.
While the Tenancy Law is designed to protect tenants, it cannot override the rights of the property owner.
Zulfiqar Ahmed’s lawyer argued that Jahangir Alam could run his business in his third shop, so it would be unfair to evict the tenant. He stressed that tenants’ rights should come first.
However, the property owner’s lawyers, Rajat Airan and Raj Kumar Singh, argued that Jahangir Alam had proven his business need for the shop, and the tenant’s claim had no legal basis.
