Landlord's Petition Dismissed as Court Recognizes Triable Issues in Tenant's Defense
In a significant ruling, the Delhi High Court has dismissed a revision petition filed by a landlord seeking eviction of a tenant from a commercial premises, thereby affirming the tenant's right to defend against the eviction. The court, presided over by Justice Saurabh Banerjee, upheld the decision of the Additional Rent Controller (ARC) to grant the tenant leave to defend, citing multiple triable issues raised by the tenant that necessitate a trial.
The case involves Smt Meenu Chaurasia, the petitioner, who sought eviction of Shri Ankit Gupta, the respondent, from a shop located at Bazar Sita Ram, Delhi. The petitioner argued her bona fide requirement for the premises, stating that she intended to use it for her son's business, especially after he lost his employment during the COVID-19 pandemic. She claimed that she had no alternative accommodation for this purpose.
However, the respondent contested the eviction, arguing that the eviction petition was incorrectly filed against him personally rather than against the actual tenant, a partnership firm named M/s Bishambhar Nath Hem Chand. He further challenged the petitioner's claims about her residence and the availability of alternative properties.
The High Court observed that the tenant effectively raised issues regarding the landlord's bona fide requirement, the existence of alternative accommodation, and the actual tenancy relationship. Justice Banerjee noted that these were substantial points that merited examination in a trial setting.
The ruling underscores the tenant's ability to challenge eviction on multiple grounds under the Delhi Rent Control Act, 1958, particularly Sections 14(1)(e) and 25B, which deal with the conditions and procedures for eviction based on bona fide requirements.
The court dismissed the landlord's contention that the tenant did not raise any genuine triable issues, emphasizing that the tenant provided cogent material to rebut the presumption of bona fide requirement. The court also highlighted discrepancies in the landlord's assertions about the tenancy and the availability of alternative accommodations.
This judgment aligns with established legal precedents and reinforces the tenant's right to a fair trial when contesting eviction claims. The dismissal of the revision petition affirms the necessity of evaluating all relevant issues before arriving at an eviction decision.
The ruling serves as a reminder of the legal complexities involved in eviction proceedings and the importance of thorough examination of all claims and defenses put forth by both parties.
Bottom Line:
Delhi Rent Control Act - Leave to defend application - Triable issues raised by tenant on bona fide requirement, alternative accommodation, and actual tenant - Revision petition dismissed as no interference warranted.
Statutory provision(s): Delhi Rent Control Act, 1958 Sections 14(1)(e), 25B
Smt Meenu Chaurasia v. Shri Ankit Gupta, (Delhi) : Law Finder Doc id # 2846616
