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GIRISH KATHPALIA
Kanta Gupta – Appellant
Versus
Goverdhan Dass Daga (Deceased) Thr Lrs – Respondent
JUDGMENT
Girish Kathpalia, J.
1. By way of these petitions, brought under proviso to Section 25B(8) of the Delhi Rent Control Act (hereinafter referred to as "the Act"), the petitioner/landlord has challenged dismissal after full dress trials of the two eviction petitions under Section 14(1)(e) of the Act pertaining to two different portions (hereinafter referred to as "the subject premises") on ground floor of the larger premises bearing No. 1779, Kucha Latto Shah, Dariba Kalan, Delhi. The factual and legal matrix being similar, these petitions are taken up together for disposal through this common judgment. On notice, the respondents/tenants entered appearance through counsel. I heard learned counsel for both sides and examined the trial court record.
2. Briefly stated, circumstances leading to the present petitions are as follows.
2.1. The petitioner, claiming herself to be the owner of ground floor (of which subject premises are part) and first floor of the said larger premises No. 1779, Kucha Latto Shah, Dariba Kalan, Delhi, by virtue of registered Sale Deed dated 06.06.1989, filed two eviction petitions, pleading that Shri Goverdhan Dass Daga, father of the respondents was induct
Concealment of vital facts vitiates the landlord's claim of bona fide requirement under Section 14(1)(e) of the Delhi Rent Control Act.
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.
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 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.
Non-disclosure of a previous eviction petition does not amount to concealment if the outcome does not impact the present eviction petition. Landlords can seek eviction from premises they exclusively ....
The landlord's discretion in choosing eviction grounds and the relevance of the premises' use after vacation were central to the court's decision.
The court recognized the landlord's prerogative to determine their specific requirements and refrained from imposing directives on the landlord regarding the nature or quality of their chosen usage o....
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