Del HC | “Landlord is the best judge of his own needs”: petition against order of Additional Rent Controller dismissed

Delhi High Court: A Bench of Anu Malhotra, J. dismissed a revision petition filed against the order Additional Rent Controller whereby the tenant’s application for leave to defend the eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 filed by the landlord was dismissed.

The landlord had filed an eviction suit against the tenant on the ground of bona fide requirement. The tenant represented by Virendra Singh, Advocate urged that the need of the landlord was artificial and mala fide. It was alleged that the landlord and the tenant were in the same business and the landlord sought to evict the tenant due to business rivalry and the landlord did not require any additional accommodation for doing any work.

The High Court perused the entire record and noted that landlord sought eviction of tenant stating that he wanted to expand his business and required the space available in the tenanted shop for bona fide purpose. It was observed by the Court that the tenant did not provide any specific details or evidence to substantiate his claims. It was further observed as well settled that “landlord is the best judge of his own needs”. In facts and circumstances the present case, it was held that there was no infirmity whatsoever in the impugned order. Thus, the petition was dismissed. [Subhash Chander Rana v. Jitender Verma, 2018 SCC OnLine Del 13239, decided on 29-12-2018]

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