The Delhi High Court has confirmed the rights of the landlords, giving an important verdict. In this order, the court clearly stated that landlords cannot be denied the right to evacuate the hired property, and they are completely free to use their property according to their personal or business needs.
Landlords cannot be stopped from ‘beneficial use’ – High Court
In this case, a bench of Justice Jasmeet Singh reiterated that no tenant has the right to instruct the landlord how to use his property. The court also said that preventing the owner from using his own property in a profitable manner is against justice and logic.
Justice Singh said:
“The landlord has the right to use his property as if he is for himself, for his business or for a member of his family. The court cannot interfere with it.”
There was a dispute over Shyama Prasad Mukherjee Marg
The case was related to a commercial property of Shyama Prasad Mukherjee Marg, where the tenant challenged the lower court order in the High Court. In that order, the tenant was asked to vacate the property.
The landlord told the court:
- He and his son are the joint owners of the property.
- They operate a hotel on the first floor.
- The son has returned from abroad and now wants to start an independent business.
- For this reason they need the part that is on rent.
Tenant’s objections and High Court’s response
The tenant argued in the petition that:
- The landlords did not give a clear description of 14 other tenants and their occupied parts.
- The intention of eviction can be aimed at increasing the fare or selling property.
However, the High Court rejected all these objections and said that:
“There is no evidence in the record that shows that the landlord’s intention was malicious or only for profit. It comes under a completely personal requirement.”
The future of the landlord’s son is attached to this decision
In this case, the landlord also revealed an important aspect that his son, who has returned from abroad, wants to start his startup or business. The court admitted that this is a real need and this confirms the rights of the landlord.
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