Landlords Retain Legal Rights Until Physical Possession Taken by Government: Delhi High Court in Eviction Case

The High Court of Delhi, in a landmark judgment, underscored the legal rights of landlords in eviction cases, even in the context of land acquisition by the government. The court, led by Hon’ble Justice Dharmesh Sharma, dismissed a revision petition filed under the Delhi Rent Control Act, 1958 (Case No. RC.REV. 409/2018 & CM APPL. 34567/2018), involving petitioners Vinay Kumar Verma & Anr. And respondent Harjit Singh Shah.

In its ruling, the court firmly stated, “so long as the land sought to be acquired is not physically taken over or actual physical possession is not taken over by the government in pursuance of acquisition proceedings, the owner/landlord continues to retain all legal rights therein.” This pronouncement highlights the court’s recognition of property owners’ rights amidst government land acquisition processes.

The case revolved around the petitioners' attempt to evict the respondent from a property under the pretext of personal necessity for starting a business. However, the respondent contested the eviction, challenging both the landlord-tenant relationship and the petitioners’ ownership, referring to the alleged government acquisition of the property.

In its judgment, the High Court identified several inconsistencies in the petitioners’ eviction claim, including confusion over the property number and discrepancies in the stated rent amount. The court noted the absence of clear evidence regarding the induction of the respondent as a tenant, which contributed to its decision to grant leave to defend to the respondent.

Additionally, the court observed that the petitioners inadequately presented their need for additional accommodation, remarking that the eviction petition appeared to be pursued in a half-hearted manner. Consequently, the revision petition was dismissed, and the respondent was directed to file a written statement within 30 days. The case is set to proceed further on January 12, 2024.

D.D: 29 November 2023

VINAY KUMAR VERMA & ANR. VS HARJIT SINGH SHAH