In Gulshan Rai Monga Vs. Sanjay Malhotra & Ors. 2015(1) CLJ 31 (NOC)
Del. the Hon'ble High Court of Delhi held that where a landlord made a categorical
statement that he has alternative house or shop, which were neither vacant nor suitable, but
the suit premises was suitable for his need or business purpose, court would not interfere
because landlord is the best judge or his requirement for residential or business purpose.
In Gulshan Rai Monga Vs. Sanjay Malhotra & Ors. 2015(1) CLJ 31 (NOC)
Del. the Hon'ble High Court of Delhi held that where a landlord made a categorical
statement that he has alternative house or shop, which were neither vacant nor suitable, but
the suit premises was suitable for his need or business purpose, court would not interfere
because landlord is the best judge or his requirement for residential or business purpose.
In Gulshan Rai Monga Vs. Sanjay Malhotra & Ors. 2015(1) CLJ 31 (NOC)
Del. the Hon'ble High Court of Delhi held that where a landlord made a categorical
statement that he has alternative house or shop, which were neither vacant nor suitable, but
the suit premises was suitable for his need or business purpose, court would not interfere
because landlord is the best judge or his requirement for residential or business purpose.
In Gulshan Rai Monga Vs. Sanjay Malhotra & Ors. 2015(1) CLJ 31 (NOC)
Del. the Hon'ble High Court of Delhi held that where a landlord made a categorical
statement that he has alternative house or shop, which were neither vacant nor suitable, but
the suit premises was suitable for his need or business purpose, court would not interfere
because landlord is the best judge or his requirement for residential or business purpose.
27. Further in Gulshan Rai Monga Vs Sanjay Malhotra
and Ors. 226(2016) DLT 611, para 17 is relevant which is
reproduced as below:
''In Prativa Devi (Smt) v. T.V. Krishnan, (1996)5 SCC
353 on an observation of the High Court that the
landlady therein being aged 70 years and as there was
no one to look after her therefore she should continue
to live as a guest with a family friend, the Supreme
Court noted that the landlord is the best Judge of his
residential requirement and he has complete freedom in
the matter. It is no concern of the Courts to dictate to
the landlord how and in what manner he should live or
to prescribe for him a residential standard of their own.
14. Similar view has been taken by this Court in RC.REV.399/2014 titled
"Gulshan Rai Monga Vs. Sanjay Malhotra & Ors." decided on 4th February,
2015 filed by the tenant of another shop in the same premises. There being
no illegality or perversity in the impugned order, the petition and application
are dismissed.