oppressive image New Delhi: A tenant cannot decide how the landlord can best use his property Delhi High Court has come to the rescue of a senior citizen couple seeking to evict their tenant.
Accepting the plea of the landlord, who is mostly bedridden, the court cited a recent order Supreme Court The judgments point out that “the tenant cannot dictate to the landlord the terms of his use of a property,” adding that “the landlord is the best judge of his needs. It is not for the courts to dictate to the landlord In what manner and how to direct one’s life should be lived.
It was considering a petition filed by an aggrieved couple seeking eviction of a tenant living in a part of the premises. The tenancy began in 1989 and continued until 2003, but the tenant continued to stay, arguing that there was enough space in the house for the landlord to accommodate his divorced daughter or his employees.
The landlord challenged the decision of the Rent Control Court to refuse relief on the grounds that sufficient evidence regarding his medical condition had not been provided.
Justice Tara Vitasta Ganju dissented from the trial court’s decision and said that “the available records also show that the petitioner filed substantial documents in support of its arguments, including photographs of the condition of the petitioner and his wife as well as medical documents. were also included.” The divorce decree of the petitioner’s daughter as well as her provisional employment certificate.”
Advocates Sanjay Katyal and Devika Mohan, appearing for the landlord, said the petitioner is 80 years old and served in the Indian Army from 1966 to 1972 and is a veteran of the 1971 war.
He informed the court that he is suffering from various diseases like Parkinson’s, Pulmonary Fibrosis due to which he is bed-ridden and dependent on others for his day-to-day activities. He said that the wife is also 76 years old and is suffering from serious diseases.
“This Court has also reviewed the photographs which are available on record, which depict the condition of the petitioner and his wife, which is pitiful. The photographs also reflect the fact that senior citizens require round the clock care Clearly, in such a situation, the attendants and medical staff would be required to remain within the premises, and thus, this court finds no reason to question the bona fides of the petitioner,” the HC said, adding that to vacate the house Six months time was given to hand over the premises and peaceful possession.
