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        Case ID :

        1990 (11) TMI 423 - SC - Indian Laws

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        Demolition and reconstruction eviction requires a genuine immediate need; a structurally sound building cannot be vacated for profit alone. Eviction for demolition and reconstruction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act requires a bona fide, immediate ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Demolition and reconstruction eviction requires a genuine immediate need; a structurally sound building cannot be vacated for profit alone.

                            Eviction for demolition and reconstruction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act requires a bona fide, immediate need tied to the building's condition. A structurally sound and safe building does not satisfy that statutory test merely because demolition would improve the landlord's economic return or rebuilding prospects. The condition of the building is a vital factor, and surrounding circumstances may be relevant only if they support a genuine, timely need for reconstruction. On the facts stated, the eviction order was unsustainable because the statutory condition for demolition was not established.




                            Issues: Whether eviction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 can be ordered for demolition and reconstruction when the building is structurally sound and does not require immediate demolition.

                            Analysis: Section 14(1)(b) requires that the building be bona fide required for the immediate purpose of demolishing it and erecting a new building. The requirement is not merely the landlord's economic preference or personal wish to rebuild for greater profit. The condition of the building is a vital and overriding factor, though other surrounding circumstances such as location, capacity to reconstruct, and economic advantage may also be relevant. A sound and safe building does not satisfy the statutory test, because the legislative object is to prevent unreasonable eviction while permitting demolition only where the building's condition shows a genuine, direct and timely need for reconstruction. The authorities below erred in treating the sound condition of the building as irrelevant.

                            Conclusion: Eviction could not be sustained under Section 14(1)(b) on the facts found, since the building was structurally sound and the statutory condition for demolition was not established in favour of the landlord.

                            Final Conclusion: The order of eviction was unsustainable and the tenant was entitled to succeed.

                            Ratio Decidendi: Under Section 14(1)(b), the bona fide need for demolition and reconstruction must be directly and immediately linked to the condition of the building, and a structurally sound building cannot be ordered to be vacated merely to advance the landlord's economic gain.


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