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Rajesh Jain vs Qazi Shamim Ahmed & Ors. on 6 May, 2015

25.From the pleadings and conclusion arrived at by the learned ARC, it is evident that the eviction petitions were maintainable because of the existence of landlord-tenant relationship and ownership apropos the tenanted premises vesting with the respondents. The bona fide requirement also was established. Besides the tenanted premises, the respondents did not have any other commercial property to satisfy their need. The tenants' contention that the Wakf could construct new shops to meet the requirements of the eviction petitioners/beneficiaries of the Wakf is untenable, since a tenant cannot dictate to the landlord as to how he should manage his affairs so as not to result in the eviction of the tenant10. For the purposes of eviction under Section 14(1)(e) of the Act, all that 10 Anil Jain v. Bhagwan Shankar Khanna, RCR 133/2014 decided on 30.7.2014. _______________________________________________________________________ RC Rev. Nos.494 of 2013; 13 of 2014 & 49 of 2014 Page 27 of 28 is to be seen is that the eviction petitioner/landlord is the owner; he needs the tenanted premises for himself or anyone dependent on him; and he or such person has no other reasonably suitable accommodation.
Delhi High Court Cites 36 - Cited by 11 - N Waziri - Full Document

Subhash Chand Gera vs Qazi Shamim Ahmed & Ors on 6 May, 2015

25.From the pleadings and conclusion arrived at by the learned ARC, it is evident that the eviction petitions were maintainable because of the existence of landlord-tenant relationship and ownership apropos the tenanted premises vesting with the respondents. The bona fide requirement also was established. Besides the tenanted premises, the respondents did not have any other commercial property to satisfy their need. The tenants' contention that the Wakf could construct new shops to meet the requirements of the eviction petitioners/beneficiaries of the Wakf is untenable, since a tenant cannot dictate to the landlord as to how he should manage his affairs so as not to result in the eviction of the tenant10. For the purposes of eviction under Section 14(1)(e) of the Act, all that 10 Anil Jain v. Bhagwan Shankar Khanna, RCR 133/2014 decided on 30.7.2014. _______________________________________________________________________ RC Rev. Nos.494 of 2013; 13 of 2014 & 49 of 2014 Page 27 of 28 is to be seen is that the eviction petitioner/landlord is the owner; he needs the tenanted premises for himself or anyone dependent on him; and he or such person has no other reasonably suitable accommodation.
Delhi High Court Cites 36 - Cited by 0 - N Waziri - Full Document

Ajay Kohli Ors vs Rs Sharma on 17 November, 2023

In the case of Anil Jain v. Bhagwan Shankar Khanna, 2014 SCC On Line Del 3855, Hon'ble High Court of Delhi has held as follows :­ "11 (c)....This Court is in agreement with the reasoning and finding of the learned ARC. Moreover, it is well settled that a landlord is the best judge of his requirement. It is neither open for the Court or for the tenant to dictate terms to the landlord. Furthermore, the contention of the tenant that the son in the past never intended to start such a business and that too from a small bye lane situated in old Delhi which has no potential for such business is without any merit. A tenant cannot be permitted to dictate terms to the landlord as to the suitability of the premises for purposes under which the eviction is sought. Therefore, Digitally signed the finding of the learned ARC does not warrant any DEEPAK by DEEPAK VATS Date:
Delhi District Court Cites 11 - Cited by 0 - Full Document
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