Back
GIRISH KATHPALIA
Mohd. Irfan – Appellant
Versus
Shaina Aftab – Respondent
JUDGMENT
Girish Kathpalia, J. - By way of this petition brought under the proviso to Section 25B(8) of the Delhi Rent Control Act (hereinafter referred to as "the Act"), the petitioner/tenant has assailed order dated 10.04.2023 of the learned Rent Controller, Karkardooma, Delhi in RC/ARC No. 153/2016 whereby his application seeking leave to contest in the eviction proceedings under Section 14(1)(e) of the Act was dismissed and consequently an eviction order in respect of shops No. 4 & 5 (hereinafter referred to as "the subject premises"), situated on the ground floor of the larger premises bearing No. 318-319/4-5, New No. 12A/102/D, Maujpur, Gali 1, Shahdara, Delhi was passed. On service of notice, the respondent/landlord entered appearance through counsel. I heard learned counsel for both sides.
2. At the outset, for convenience, the relevant part of order dated 24.01.2024 passed in this case is extracted below:
"RC.REV. 293/2023 & CM APPL. 54329/2023 (stay)
4. At request of both sides, final arguments heard and concluded. The petitioner has assailed order of learned Additional Rent Controller whereby leave to contest was declined and eviction order was passed. Vide order dated 21.12.
The landlord's bona fide requirement should not be doubted, and the tenant must make out a case showing that the landlord would be disentitled from obtaining an eviction order.
The court emphasized the landlord's right to eviction through summary proceedings and the tenant's obligation to provide evidence to support claims at the stage of seeking leave to contest.
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 court upheld the eviction order, confirming the landlords' bona fide need for the tenanted premises under the Delhi Rent Control Act, 1958, despite the tenants' claims of independent tenancy.
The court reinforced that tenants must demonstrate bona fide issues to contest eviction based on landlord's genuine need, while the eviction process remains expedited under the summary provisions of ....
The court highlighted the importance of timely filing of application for leave to contest, valid reasons for extension, and the need for a substantial case for consideration of the application.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
