MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Requirement of Law is Not That Every Desire of the Landlord Has to Be Looked at With Suspicion: Delhi High Court

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Delhi High Court, presided over by Justice Girish Kathpalia, has upheld the eviction order against Mithan Lal Singhal, the petitioner in the case RC.REV. 233/2023, confirming the landlord’s bona fide need for the property.

Legal Point of the Judgment: The judgment hinged on the application of the Delhi Rent Control Act, specifically focusing on Section 25B(8) and the landlord’s bona fide requirement under Section 14(1)€ of the Act.

Case Facts and Issues: The Panchayati Dharamshala Trust, the respondent, filed an eviction petition against Singhal, stating a bona fide need for the shop occupied by Singhal for storage and office purposes. Singhal, having been a tenant for about 40 years, contested this need, arguing that alternative space was available to the Trust.

Court’s Assessment: The Court meticulously examined the legal provisions and past precedents regarding landlords’ rights and tenants’ protection. Justice Kathpalia noted that the landlord’s bona fide need must not be viewed with undue suspicion and that the tenant cannot dictate how a landlord should utilize their property. The Court found that the alternative spaces suggested by Singhal were either unsuitable or earmarked for other essential purposes by the Trust. Therefore, the argument of alternative accommodation available to the Trust was rejected.

Decision: The High Court upheld the eviction order, finding no triable issue or infirmity in the decision of the Additional Rent Controller. The Court affirmed the need for a balanced approach that respects the rights of both landlords and tenants, while emphasizing the legitimacy of a landlord’s bona fide requirement for their property.

Date of Decision: February 16, 2024.

Mithan Lal Singhal vs Panchayati Dharamshala Trust

Latest Legal News