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IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE
Education Department – Appellant
Versus
MS Asiya Jamil – Respondent
Headnote: Read headnote
JUDGMENT :
SAURABH BANERJEE, J.
1. The respondent/ landlord, [hereinafter referred to as “landlord”] filed an Eviction Petition under Section 14 (1)(e) read with Section 25B of the Delhi Rent Control Act, 1958,[hereinafter referred to as “DRC Act”]before the learned Additional Rent Controller-01, Central District, Tis Hazari Courts, Delhi, [hereinafter referred to as “ARC”], seeking eviction of the petitioners/ tenant, [hereinafter referred to as “tenant”] from the first and second floor of the property bearing nos.2376 to 2382, situated in Municipal Ward No.VI, Ballimaran, Delhi, [hereinafter referred to as “subject premises”], on the ground of her bona fide requirement of the subject premises for her own residence.
2. Essentially, it was the case of the landlord that she is a single lady aged about 69 years, who is suffering from various age related diseases/ ailments and has no one to look after her at her present address at Ghaziabad
The court affirmed the bona fide requirement of a landlord for personal residence, placing the onus on the tenant to establish any alternative accommodation's suitability, which was not proven.
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