When Tenant Is Evicted For Bonafide Use, Courts Should Refrain From Prescribing Guidelines For Landlord’s Residential Choices: Delhi High Court
Case: TARUN KUMAR v. PARMANAND GARG
Coram: Justice Jasmeet Singh
Case No.: RC.REV. 56/2018
Court Observation: “The landlord possesses the prerogative to determine their specific requirements, exercising full autonomy in this regard. It is not within the purview of the courts to impose directives on the landlord regarding the nature or quality of their chosen usage of the tenanted premises. Essentially, the courts should refrain from prescribing any standard or guidelines for the landlord’s residential choices.”
“…the learned ARC misconstrued the scope of the Delhi Rent Control Act by opining that the existence of marriage between the petitioner and Ms. Shivani Chaudhary/existence of a custom and customary divorce between the petitioner and his first wife Ms. Indra Devi was a triable issue,”.
“I am of the view that the petitioner’s ground that he requires the tenanted premises for setting up the business of his wife comes within the category of a bona fide requirement. Keeping in view the above discussion that the petitioner has successfully shown his bona fide requirement of the tenanted premises for his wife Ms. Shivani Chaudhary, the second ingredient of section 14(1)(e) is fulfilled,”.
“…order of eviction with respect to Shop….. is passed, in favour of the petitioner and against the respondent,”
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When Tenant Is Evicted For Bonafide Use, Delhi High Court
