Sale, Purchase Or Lease Of Other Properties By Landlord Not An Impediment To Seek Eviction Of Tenant For Bonafide Need: Delhi High Court

Justice Saurabh Banerjee observed,

“The sale of certain premises by the landlord before filing of the eviction petition under Section 14(1)(e) of the DRC Act are irrelevant and immaterial as they cannot be a determining factor for his need of the subject premises at present.”

The bench was dealing with a revision petition moved by the tenant against an order of the Rent Controller, ordering eviction in six months.

The landlord had sought vacation to enable his grandson to establish an independent business, claiming that there was no other suitable alternate accommodation available.

The tenant argued that the landlord had alternative accommodation available with him, and he had sold and bought various properties recently.

The High Court however was of the view that the tenant had merely made bald assertions, “unsupported by material pleadings/ adequate evidence.”

With respect to the bona fide requirement, the Court held that the landlord had given plausible reasons, i.e. requirement for his dependent family member.

“The same was a genuine call on behalf of the landlord, who being more than 80 years old, wanted to establish his grandson. His grandson having no expertise in the food industry business did not preclude him from seeking vacation of the subject for commencing 'a new restaurant business'. It is the discretion of an individual, like the landlord herein, to start a new venture, and experience is immaterial,” the Court added.

As such, it dismissed the plea.

Appearance: Mr. Rahul Sharma, Mr. Yash Kumar, Mr. Harsh Bansiwal, Mr. Rishabh Khari and Mr. Ribhu Priydarshee, Advocates for Petitioner; Mr. Raj Kumar, Mr. Atul Singh Rawat, Mr. Sancheet Sharma and Mr. Dikshant Kumar, Advocates for Respondent

Case title: Mohinder Singh v. Satish Chander Sikka

Case no.: RC.REV. 35/2023

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