DELHI HIGH COURT
NAJMI WAZIRI
Geeta Press – Appellant
Versus
Madhu Rastogi – Respondent
| Table of Content |
|---|
| 1. arguments for tenant's leave to defend. (Para 3 , 4) |
| 2. court's analysis of bona fide need. (Para 5 , 6 , 10 , 12) |
| 3. son's aspirations for business independence. (Para 7 , 9 , 11) |
| 4. landlord's prerogative for property suitability. (Para 13 , 14 , 16) |
| 5. conclusion on eviction order validity. (Para 18 , 19 , 20) |
JUDGMENT
Najmi Waziri, J. (ORAL)--The hearing was conducted through video conferencing.
1. Issue notice. Notice is accepted on behalf of the respondent. At joint request of the learned counsel for the parties, the petition is taken up for disposal.
2. The learned Rent Controller's order dated 08.01.2021 apropos eviction of the petitioner-tenant from the rented premises, is impugned on the ground that it has erred in law.
3. The leave to defend had raised various contentions. Primarily they are as follows: (i) it is not proven that the son was financially dependent upon his mother - the landlady, (ii) there were suitable alternate spaces available to her, in which her son could be accommodated, (iii) the tenanted premises could not be used for the activities proposed by the son under the Municipal Laws, (iv) the property above the tenanted premises was a
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