Tenant has to vacate if owner needs house: Court | delhi | Hindustan Times
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Tenant has to vacate if owner needs house: Court

delhi Updated: Mar 09, 2012 23:18 IST
Harish V Nair
Harish V Nair
Hindustan Times
tenant

The Delhi high court has said a tenant can be evicted if the owner of the house or his/her family needs the house on bonafide grounds even if it is against the oral agreement between the two.


The significant pro-landlord ruling came on a plea by one Anuradha Mithal, owner of a flat in Friends Apartments in Patparganj. She sought eviction of her tenant so that she could move in with her two daughters and take better care of their studies.

Mithal earlier resided with her husband and one daughter in Meerut while the other daughter stayed with grand parents in Delhi.

"The mere fact that respondent is an old tenant and was never earlier asked to vacate when the landlady's daughters were of young age also shows that the respondent is now being asked to vacate when the children have grown up and need higher education in a better and advanced city on bona fide reason," Justice PK Bhasin said. Contending that the landlady's requirement of the house was not bonafide, the tenant had alleged that she had made a false statement that the daughters were residing in Delhi when they actually stay outside Delhi with their grandparents.

Rejecting the plea, the judge said "it is none of the business of the tenant to tell them to stay with their grandparents when they have their own house in Delhi. And just because one daughter has got married, the requirement of the petitioner for her house in Delhi does not cease to be bona fide."

"When the petitioner has her own house for her children then why should the children stay with their maternal grandparents?" the court asked the tenant, ordering him to vacate the house within six months.