Delhi HC upholds eviction order, affirms landlords’ right to property use

New Delhi, Nov 29 : Upholding a trial court order, the Delhi High Court on Wednesday said that the landlords have the right to decide the utilisation of their property, and cannot be deprived of the beneficial enjoyment of their possessions.

Justice Jasmeet Singh was hearing a revision petition filed by a tenant challenging a trial courts order for the eviction of a shop on Shyama Prasad Mukherjee Marg.

The judge, while upholding the order for the vacation of tenanted premises, said that it is the sole discretion of landlords to decide how their property should be utilised.

The landlord, a joint owner of the property with his son, sought eviction as his son intended to start a plush restaurant, necessitating the use of the tenanted portions.

The tenant contested the eviction, alleging that it was an afterthought to seek higher rent or sell the premises at a premium.

The high court, however, held that there was no material on record to suggest malafide or fanciful intent on the part of the landlords.

It said that the landlords are the best judges of their requirements and stated that the tenant cannot dictate how the property should be utilised.

The judge then upheld the eviction order, stating that the desire of the landlords to run a restaurant was genuine and dismissed the revision petition for lacking merit.

spr/vd