Desire To Return Home In Old Age Is A Bona Fide Requirement: Delhi HC Allows Eviction Of Tenant For Landlord’s Settlement And Children’s Marriage

In a significant ruling, the High Court of Delhi has set aside the order of the learned Rent Controller and allowed the eviction of a tenant to enable the landlords, Satpal Singh Sarna and others, to reconstruct their property and settle in India.

The petitioners had approached the High Court under the proviso to Section 25B(8) of the Delhi Rent Control Act, challenging the Rent Controller’s dismissal of their eviction petition filed under Section 14(1)€. They claimed a bona fide requirement of the premises for their settlement in India and arranging marriages for their children.

The petitioners are owners of ground floor shops, part of premises at C-141, Clock Tower, Hari Nagar, New Delhi. They argued that the property is in a dilapidated condition and insufficient to accommodate the family members who frequently visit from Canada. The eviction was contested by the tenant, Satya Prakash Bansal, who claimed that the petitioners lacked a bona fide need and were instead motivated by a desire to re-let at higher rents.

Justice Girish Kathpalia meticulously reviewed the evidence presented, emphasizing the emotional and practical necessities of the petitioners. The Court noted:

Bona Fide Requirement: The claim by petitioners that they intend to return to India for their twilight years was found to be bona fide. The Court observed, “It is a natural aspiration for a landlord to return to his homeland in old age.”

Tenant’s Use of Premises: It was admitted during proceedings that the tenant had not been using the premises for several years, which underscored the landlords’ claim.

Insufficiency of Accommodation: The judge highlighted that the combined family’s need for space justifies the plan to reconstruct the premises.

Lack of Rebuttal from Tenant: The Court pointed out the absence of specific pleadings or affirmative evidence from the tenant’s side challenging the landlords’ need.

The Court allowed the eviction petition, directing that the landlords are entitled to recover possession of the shops concerned. However, execution of this order is deferred for six months in line with Section 14(7) of the Delhi Rent Control Act.

Date of Decision: April 29, 2024.

Satpal Singh Sarna & Ors versus Satya Prakash Bansal