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IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE
Amir Khan – Appellant
Versus
Aziz Ur Rehman – Respondent
| Table of Content |
|---|
| 1. landlords seek eviction under rent control act. (Para 1) |
| 2. tenant claims ownership and disputes eviction. (Para 2 , 5 , 12) |
| 3. court reviews landlord's title versus tenant's claims. (Para 3 , 4 , 6 , 10 , 11 , 19) |
| 4. tenant's arguments on review process and title. (Para 8 , 9 , 14) |
| 5. scope of review powers and applicable legal standards. (Para 15 , 16 , 17 , 18 , 20 , 21 , 22 , 23) |
| 6. court's decision to restore previous eviction orders. (Para 24 , 25 , 26 , 27 , 28) |
JUDGMENT :
SAURABH BANERJEE, J.
1. The petitioners/ landlords, Hereinafter ‘landlords are all family members who filed two Eviction Petitions, E. Nos.288/2013 and 289/2013 under Section 14 (1)(e) of the Delhi Rent Control Act, 1958, Hereinafter ‘the Act seeking vacation of the First and Second Floors of property bearing No.1763-1764, Hauz Sui Walan, Chandni Mahal, Delhi-110 006, Hereinafter ‘subject premises on the ground of paucity of residential accommodation for their family, since landlord no.1 in RC. REV.219/2023/ Mr. Amir Khan had a family of six people residing in a tin-shed in the house of his mother/ landlady no.2 and landlord no.1 in RC. REV.220/2023/ Mr. Sajid Khan had a family of four people r
Landlords need only establish a better title than the tenant in eviction proceedings, and the powers of review are confined to addressing patent errors without reappraising previously settled materia....
Tenancy and Land laws - Eviction - There is nothing that petitioners have been able to bring forth to indicate that finding has been arrived at by a misreading of facts or omitting relevant evidence ....
A tenant cannot dispute the title of the landlord, and genuine need for premises must be established without alternative accommodation for eviction to be warranted. Adverse possession claims require ....
The mandatory nature of Section 14(2) of the DRC act and the landlord's remedy to file a civil suit for possession when the tenant denies the landlord-tenant relationship.
Transferee landlord can evict for personal necessity without attornment; unproven tenant-prior agreement to sell does not end tenancy; revisional court examines only legality, not reappreciates facts....
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
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