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Delhi Rent Control Act

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Delhi Rent control Act – Leave to defend – Bonafide requirement of shop rented situated in main road for his business purpose as his business is located in a lane in exchange and not getting good business – Leave to defendant was rejected as there is no triable point – High court granted leave permission – Apex court held that What the tenant contends is that the landlord has several other shop houses from which he is carrying on different business and further that the landlord has other premises from where the business proposed from the tenanted premises can be effectively carried out. It would hardly require any reiteration of the settled principle of law that it is not for the tenant to dictate to the landlord as to how the property belonging to the landlord should be utilized by him for the purpose of his business.Also, the fact that the landlord is doing business from various other premises cannot foreclose his right to seek eviction from the tenanted premises so long as he intends to use the said tenanted premises for his own business. The grounds on which leave to defend was sought by the tenant and has been granted by the High Court runs counter to the fundamental principles governing the right of a tenant to contest the claim of bonafide requirement of the suit premises by the landlord under the Delhi Rent Control Act, 1958. Even assuming the assertions made by the tenant to be correct, the same do not disclose any triable issue so as to entitle the tenant to grant of leave to defend.We are, therefore, of the view that the impugned order dated 20.09.2012 of the High Court of Delhi is not legally sustainable. We, accordingly, set aside the same and allow this appeal and restore the order dated 02.09.2011 passed by the learned Additional Rent Controller, Delhi.= Anil Bajaj & Anr. … APPELLANT (S) VERSUS Vinod Ahuja … RESPONDENT (S) = 2014 (May. Part) http://judis.nic.in/supremecourt/filename=41524

  Delhi Rent control Act – Leave to defend – Bonafide requirement of shop rented situated in main road for  his business purpose as his business is located in a lane  in exchange and not getting good business – Leave to defendant was rejected as there is no triable point – High court granted leave permission – Apex … Continue reading

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