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PRATHIBA M. SINGH
Technological Institute of Textiles & Sciences Thr. AR. Parmod Singh – Appellant
Versus
Shree Nath JI Developers Thr its Partner Umesh Chand Aggarwal – Respondent
JUDGMENT :
1. The present revision petition has been filed challenging the impugned order dated 7th February, 2020 by which the leave to defend application filed by the Petitioner/Tenant (hereinafter, ‘Tenant’) has been dismissed by the ld. Additional Rent Controller (hereinafter, ‘ARC’) in E. No. 662/2018 in CIS No. 887/2018 titled M/s Shree Nath Ji Developers v. The Technological Institute of Textiles and Sciences.
Brief Facts
2. The brief background to this petition is that the ground floor of Shop No.1597, Ward No. II, Jogdhian Colony, Bhagirath Palace, Chandni Chowk, Delhi (hereinafter, ‘tenanted premises’) was taken on rent by the Tenant from 1960 onwards from its erstwhile owner, Mr. Jogdhian Rastogi. The Tenant is a registered Society under the West Bengal Society Registration Act, 1961 and claims to be a Non-Profit Organization which takes over, or otherwise supports schools, colleges or other educational institutions for the development of education and diffusion of knowledge in different branches of textile technology and other fields of sciences. The Landlord/Respondent (hereinafter, ‘Landlord’) is a partnership firm which is engaged in the real estate business.
3. The firs
The main legal point established is that the Landlord's bona fide need for eviction under Section 14(1)(e) of the DRC Act was justified based on the unavailability of alternate premises due to sealin....
The Court emphasized the presumption of bona fide need in favor of the Landlord under Section 14(1)(e) of the Delhi Rent Control Act, and the restrictive scope of interference by the High Court in re....
The Court emphasized the importance of proving a landlord's bona fide requirement for eviction and the need for tenants to provide evidence to rebut the landlord's assertions.
The landlord's genuine need for tenanted premises, the tenant's burden to provide specific and supported averments, and the landlord's authority to prioritize family needs over tenant's hardship.
Bona fide requirement of land lord - Landlord is the best Judge of his requirement and Courts have no concern to dictate to the landlord as to how and in what manner he should live.
The landlord's authorization to file an eviction petition, the bona-fide need for the tenanted shop, and the unavailability of reasonably suitable alternative accommodation were central to the court'....
It is equally well settled that mere assertions made by tenant with respect to landlord's ownership of other buildings and with respect to alternate accommodations are not to be considered sufficient....
Landlords can seek tenant eviction based on bona fide need, despite owning other properties nearby, provided alternatives do not meet their specific business requirements.
A tenant's vague assertions of alternative accommodation are insufficient to challenge a landlord's bona fide need for eviction under the Delhi Rent Control Act.
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