Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness 304 Part I IPC | Sudden Fight Between Brothers Over Mud House Construction: Jharkhand High Court Converts Murder Conviction To Culpable Homicide When Rape Fails, Section 450 Cannot Stand: Orissa High Court Acquits Accused of House-Trespass After Finding Relationship Consensual Concurrent Eviction Orders Will Not Be Reopened Under Article 227: Madras High Court Section 128 Contract Act | Surety’s Liability Is Co-Extensive: Kerala High Court Upholds Recovery from Guarantors’ Salary Custodial Interrogation Not Warranted When Offences Are Not Punishable With Death or Life: Karnataka High Court Grants Anticipatory Bail to Deputy Tahsildar in Land Records Case Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Consumer | No Complete Deficiency In Service — Excess Rainfall Also To Blame: Supreme Court Halves Compensation In Groundnut Seed Crop Failure Case Development Cannot Override The Master Plan: Supreme Court Nullifies Cement Unit CLU In Agricultural Zone Negative Viscera Report Is Not a Passport to Acquittal: Madras High Court Confirms Life Term of Parents for Poisoning Mentally Retarded Daughter Observations Have Had a Demoralising and Chilling Effect: Allahabad High Court Judge Recuses from Bail Matter After Supreme Court’s Strong Remarks Controversial YouTube Remarks On ‘Black Magic Village’ Not A Crime: Gauhati High Court Quashes FIR Against Abhishek Kar “Failure To Specifically Deny Allegations Amounts To Admission”: J&K High Court Reiterates Law Under Order VIII CPC Section 293 Cr.P.C. Does Not Bar Examination of Expert When DNA Report Is Disputed: MP High Court Medical Evidence Trumps False Alibi: Allahabad HC Upholds Conviction In Matrimonial Murder Where Strangulation Was Masked By Post-Mortem Burning Helping Young Advocates Is Not A Favour – It Is A Need For A Better Justice System: Rajasthan High Court Section 82 Cr.P.C. | Mere Non-Appearance Does Not Ipsi Facto Establish Absconding: Punjab & Haryana High Court Sets Aside Order Declaring Student Abroad as Proclaimed Person

Marriage of a Landlady Does Not Extinguish Her Requirement – Delhi High Court Upholds Eviction Order in Rent Control Act Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Delhi High Court has upheld an eviction order passed by the Rent Controller, dismissing the revision petition filed by the tenant, Mohd Irfan, in the case (RC.REV. 293/2023) against respondents Shaina Aftab & Others.

The dispute revolved around the eviction of shops No. 4 & 5, situated in Shahdara, Delhi, under Section 14(1)(e) of the Delhi Rent Control Act. The tenant challenged the eviction order, arguing that the respondent's need for the premises for a boutique business ceased to exist due to respondent no. 2’s marriage to a Pakistani national.

Justice Kathpalia, in his judgment dated February 2, 2024, noted, "Marriage of a landlady does not automatically extinguish her requirement." He further emphasized that in today’s world of electronic business, it is possible to run a business in one country from another through electronic communications and payments. The Court upheld the bona fide requirement of the landlord, stating that the crucial date for considering such a requirement is the date of the institution of the eviction petition.

The Court found that the ownership of the premises and the jural relationship of tenancy were established through undisputed rent receipts. The petitioner's contention under the Enemy Property Act was dismissed, with the Court referencing the precedent set in Union of India & Anr vs Raja Mohammed Amir Mohammad Khan, (2005) 8 SCC 696.

The judgment also addressed the issue of alternate accommodation, agreeing with the Rent Controller that the landlord is the best judge of the suitability of alternate accommodation. The lack of suitable alternate accommodation for running a boutique was established by the respondents/landlords.

The petitioner was represented by Mr. Saquib Arbab, Advocate, while the respondents were represented by Ms. Shobhana Takiar, Advocate.

The High Court's decision to dismiss the revision petition underscores the principle that personal circumstances like marriage, especially in the context of international unions, do not undermine the rights and requirements of a landlord under the Rent Control Act. This ruling sets a significant precedent in cases involving the interpretation of bona fide need under the Act.

Date of Decision: 02.02.2024

MOHD IRFAN VS SHAINA AFTAB & ORS

 

Latest Legal News