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SACHIN DATTA
Rajinder Singh – Appellant
Versus
Rajesh Arora – Respondent
JUDGMENT
Sachin Datta, J. The present petition is directed against the impugned order/judgment 15.01.2018 passed by the court of Senior Civil Judge/Rent Controller (West District) Tis Hazari Courts, Delhi, whereby, the learned Rent Controller has allowed the eviction petition filed by the respondent/landlord herein under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, 1958.
2. Accordingly, an eviction order has been passed in favour of the respondent and against the petitioner herein, directing the petitioner to hand-over the vacant and peaceful possession of the Shop No. 5, U shape, situated in property bearing No. 5A/1 Tilak Nagar, New Delhi (hereinafter referred to as "tenanted premises").
3. In the eviction petition filed on behalf of the respondent, it was averred that the tenanted premises was purchased by the respondent vide registered sale deed dated 10.03.2011 along with other adjoining shop admeasuring 12x7.5 feet on the ground floor of the property bearing No. 5A/1 Tilak Nagar, New Delhi (hereinafter referred to as "adjoining shop"). At the time of said purchase, the petitioner herein was already a tenant in respect of the tenanted premises. It was
The landlord's bona fide need and the absence of suitable alternative accommodation for the tenant are crucial factors in determining eviction under the Delhi Rent Control Act.
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'....
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 main legal point established is that the landlord's bona fide need for the premises, as per Section 14(1)(e) of the Delhi Rent Control Act, was proven, and the tenant's claim of availability of a....
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....
The landlord is not required to plead the bona fide requirement of the tenanted premises in the legal notice, and there is a strong presumption in favor of the landlord's bona fide need under Section....
The judgment emphasizes the limited scope of revisional jurisdiction and the need for an error apparent on the face of the record to disturb the decision.
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.
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