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[seemabhatnagar]

Failure to show alternate accommodation by the tenant led to the success of eviction petition of the landlord

Nisar Ahmad v. Agya Pal Singh,

Rent Control Revision 367/2018

Before Delhi High Court

Revision Petition was allowed by Hon’ble Mr. Justice Najmi Waziri J on July7, 2023

A wife is neither an appendage of nor an adjunct to her husband. Her identity does not merge with or get subsumed in her husband’s identity. In law, she retains her individual entity. She retains her natural right to pursue her dreams, aspirations and the desire and need to be financially independent or otherwise do some meaningful social work. Idle luxuriation may not be the life-goal of many a woman or to be simply known as a rich man’s wife. There is a certain self-worth which a person acquires by running her or his own business/commercial enterprise, vocation and professional activity. This aspiration cannot be questioned in proceedings for eviction of a tenant on the ground of bonafide requirement of the tenanted premises.

Background

This is a case filed by the landlord Nisar Ahmad for eviction of his premises given on rent to Tenant - Agya Pal Singh which happened to be a shop on the ground floor.

The journey to litigation which began in the year 2009 came to an end recently on July 7, 2023 when Delhi High Court allowed the Rent Control Revision of the Petitioner-Landlord.

In between the legal battle which took about 14-15 years, cross cases were filed by the either side. Sometime one party was aggrieved by the order and sometime the other. Matter was taken even to the Supreme Court through Special Leave Petition by the tenant but SLP could not stand in the Supreme Court and it was dismissed with leave granted to the tenant to defend before ARC. Evidence was led by the parties and Eviction petition of the Landlord was dismissed in the year 2018. Against the dismissal of his petition, Landlord filed the instant Revision Petition before Delhi Court.

Fact: -

Justification by the Petitioner-Landlord: -

ORDER OF THE RENT CONTROLLER-

This is not the shop in dispute this is a shop got vacated by the landlord and it was situated in the narrow lane. Whereas the shop in question was situated on the main road therefore obvious expectation of the landlord and his daughters was more footfall.}

Whether a small shop was suitable for the landlord to start his business from or suitable for his daughters‟ enterprise, is for the landlord and the dependent daughters to decide and not for the tenant or any other party to determine or dictate.

The order delves into the examination of nature of business being carried out by the wife and how it was being run.

Observation of the Delhi High Court in Revision

(Against the dismissal of Eviction Petition of Landlord by ARC)

Decision:

The married daughters are dependent upon their father for space to start their business in Delhi. The dependency was not pleaded on the husbands. The petition is maintainable. The daughters need continues, so does the need of the petitioner.

No suitable alternate accommodation has been shown by the tenant or otherwise brought on record.

The landlord has established a case for eviction of the tenant from the ground floor.

Accordingly, the petition is allowed. The tenant-respondent is directed to vacate and hand over to the landlord-petitioner the peaceful physical possession of the tenanted premises.

Seema Bhatnagar

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