Eviction Dispute Resolved: Supreme Court Settles Tenant Relocation in Allahabad Property Case

The Supreme Court of India, in Dhamendra Kumar Sharma vs. Somendra Babu (Since Deceased) Through LRs & Ors., resolved a long-standing eviction dispute involving a commercial tenant in Allahabad. The case, which involved the eviction of the appellant from a rented shop, was settled amicably through the intervention of the Court, ensuring fair accommodation for the appellant in another shop owned by the respondents.

The Court’s ruling upheld the eviction while directing the respondents to provide an alternative space for the appellant. The judgment reinforced the principle of balancing the rights of landlords and tenants, particularly in commercial property disputes.

Background of the Case

The case originated when the appellant, Dhamendra Kumar Sharma, challenged the eviction order passed by the High Court of Judicature at Allahabad. The High Court had upheld the landlord’s right to evict him from the shop. The appellant approached the Supreme Court, seeking relief against the eviction.

Petitioner’s Arguments

The appellant contended:

• The eviction would cause undue hardship as the shop was his primary source of livelihood.
• The respondents (landlords) owned several other commercial properties and could accommodate him elsewhere.
• The eviction should be reconsidered in light of available alternative spaces.

Respondent’s Arguments

The landlords countered:

• The eviction order was legally valid and had been upheld by the High Court.
• The appellant had no legal right to demand an alternative shop.
• The property was required for redevelopment and commercial use.

Supreme Court’s Key Observations

The Supreme Court, while reviewing the case, noted:

“It was pointed out that the respondents-landlords have many other shops. Therefore, it was directed by this Court to ascertain whether the appellant can be accommodated in one of the available shops at least in the new complex, which is under construction.”

The Court encouraged both parties to arrive at a settlement. The respondents agreed to offer the appellant another shop in a new commercial complex under construction.

Final Judgment and Conclusion

The Supreme Court ruled:

• The appellant shall be provided a shop in the new complex.
• The rental for the new shop will be Rs. 10,000 per month for a period of three years.
• The appellant must vacate the current shop within one month.
• The respondents must complete construction and hand over the new shop to the appellant within three months.
• The appellant must clear all arrears before occupying the new shop.

Both parties were directed to file undertakings to comply with the judgment.

This ruling exemplifies the Supreme Court’s role in facilitating fair settlements in eviction disputes. By ensuring a practical solution for both the tenant and the landlord, the Court balanced legal rights with considerations of equity and livelihood protection.

Petitioner Name: Dhamendra Kumar Sharma.
Respondent Name: Somendra Babu (Since Deceased) Through LRs & Ors..
Judgment By: Justice Kurian Joseph, Justice Sanjay Kishan Kaul.
Place Of Incident: Allahabad, India.
Judgment Date: 31-07-2018.

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