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SUBRAMONIUM PRASAD
Abdul Rashid – Appellant
Versus
Nawab Ali – Respondent
JUDGMENT
Subramonium Prasad, J.
1. The instant revision petition is directed against the Order dated 11.10.2018, passed by the learned Additional Rent Controller, Central District, Tis Hazari Courts, Delhi in eviction petition, being E-160/15 (hereinafter referred to 'the instant eviction petition').
2. The facts, in brief, leading to the instant petition are as under :
i. It is stated that Respondent herein (hereinafter referred to as 'the Landlord') is the owner of a shop/godown in Property bearing No. 2386, Ward No. 11, Gali Dr. Inayat Khan, Kucha Chelan, Darya Ganj, New Delhi (hereinafter referred to as 'the tenanted premises'). It is stated that the said godown was let out by the Landlord to the Petitioner herein (hereinafter referred to as 'the Tenant') @ Rs. 330/- per month for commercial purposes.
ii. It is stated that the Landlord is also the owner of property bearing No. 4083, Gali Nalwali Urdu Bazar, Jama Masjid, Delhi-06 admeasuring 50 sq. yds. which consists of three floors and a tin shed on the terrace. It is stated that the Landlord is running his guest house in the name & style of Nawab Guest House in the said property by using the ground floor, first and the second
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.
The court affirmed that a landlord's requirement for a tenant's eviction is bona fide if aimed at establishing a family member's business, with no obligation to prove alternative accommodations.
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....
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.
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....
The tenant must provide clear and specific defenses to obtain leave to defend an eviction petition; mere assertions are insufficient without substantial proof.
The landlord's bona fide requirement for the tenanted premises is to be judged based on preference and suitability for the intended business, and the employment status of dependent family members doe....
An Agreement to Sell or Power of Attorney does not constitute valid ownership transfer under property laws; the landlord retains rights to evict tenants based on bona fide needs.
The moral duty of the father to settle his son well and the absence of other commercial property justified the eviction.
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