Dr. Alok Bhandari & Anr. v. Vishnu Dutt Tewari
Case brief
What is this about?
High Court Delhi quashed order granting leave to defend in eviction petition. Landlord successfully evicted tenant claiming bonafide necessity for personal clinic and children's businesses, rejecting alternative accommodation arguments.
What did the court decide?
Impugned order setting aside; leave to defend dismissed; eviction decree passed.
What the court decided
$~38
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
- % Judgment delivered on: 01.10.2019
- RC.REV. 386/2019 & CM APPL. 29004/2019 DR. ALOK BHANDARI & ANR. ..... Petitioners versus VISHNU DUTT TEWARI ..... Respondent Advocates who appeared in this case: For the Petitioner: Mr. Jugal Wadhwa, Mr. Rishabh Wadhwa and Mr. Raghav Goyal, Advocates For the Respondent: Mr. Ashok Anand and Mr. Mohan Singh, Advocates
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
- Petitioners who are owners/landlord of the subject property impugn order dated 12.03.2019 whereby leave to defend was granted to the respondents.
- The subject eviction petitions were filed by the respondents on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 seeking eviction from shop No. 3, H-4, Ground Floor, Main Market, Rajouri Garden, New Delhi-110027 more particularly as shown in red colour in the site plan annexed to
Issues for consideration
3 issues framed by the court
Whether the petitioner's claim of bonafide necessity for eviction is valid despite availability of alternative residential properties and rental income sources.
Whether a tenant can dictate to a landlord regarding the necessary use of their commercial premises.
Whether Rent Controller erred by granting leave to defend based on the petitioner's failure to utilize alternative residential flats for commercial purposes.
Parties & counsel
- petitioner
Dr. Allok Bhandari
- petitioner
Anonymous
- respondent
Vishnu Dutt Tewari
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court