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1 - 10 of 12 (0.23 seconds)The Delhi Rent Control Act, 1958
Nawal Kishore Khandelwal vs Kunti Devi on 12 December, 2012
In Naval
Kishore Khandelwal vs. Kunti Devi 2013 (1) CLJ 295 Delhi while
following case of Rajender Kumar Sharma vs. Leelawati, 155
(2008) DLT 383, it was held that mere assertion made by a tenant in
respect of landlords ownership of other buildings and in respect of
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alternate accommodation are not to be considered sufficient for the
grand of leave to defend. If this is allowed, the whole purpose of
Section 25B of the Act shall stand defeated and any tenant can file a
false affidavit and drag a case for years together in evidence,
defeating the very purpose of statute. The Rent Controller is, thus,
precluded from considering the material placed before it by the
landlord in response to leave to defend to show that the tenant's
assertions and averments were totally false.
Smt. Sudesh Kumari Soni & Anr. vs Smt. Prabha Khanna & Anr. on 3 October, 2008
In
Sudesh Kumar Soni & Anr. vs. Prabha Khanna & Anr., 153
(2008) Delhi Law Times 652, the court observed that "It is not for
tenant to dictate terms to landlord as to who else he can adjust
himself without getting possession of tenanted premisessuitability has
to be seen for convenience of landlord and his family members and on
the basis of circumstances including their profession, vocation, style
of living, habit and background."
Krishan Lal vs R N Bakshi on 19 May, 2010
In Krishan Lal vs. R.N. Bakshi, cited as 169 (2010) Delhi
Law Times 769, it was held by the Hon'ble High Court of Delhi that
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"8. It is settled law that it is not for a tenant to dictate the terms to the
landlord as to how and in what manner he should adjust himself,
without calling upon the tenant to vacate a tenanted premises. While
deciding the question of bonafides of requirement of landlord, it is
quite unnecessary to make an endeavour as to how else the landlord
could have adjusted. When the landlord shows a prima facie case, a
presumption that the requirement of the landlord is bonafide, is
available to be drawn. It is also settled position of law that the
landlord is the best judge of his requirement for residential or
business purpose and he has got complete freedom in the matter and
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. The tenant cannot compel a landlord to live in
a particular fashion and method until and unless the requirement
shown is tatally mala fide or not genuine."
Shambhoo Singh Verma vs Triloki Nath Sharma on 25 May, 2012
In Shambhoo Singh vs. Triloki Nath Sharma 2012 (2) Rent
LR 52, it was held that the essential ingredients to establish a case
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under Section 14 (1) (e) of the DRC Act are :
Shri Gurcharan Lal Kumar vs Srimati Satyawati & Ors on 25 April, 2013
In Gurcharan Lal Kumar
vs. Smt. Satyawati & Ors. 2013 (2) CLJ 28 (NOC) Del. it was held
that it is not necessary for landlord to indicate nature of business
intended to start - sons and grandsons of the landlord have no other
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suitable alternate accommodation to carry out business - application
for leave to defend dismissed with cost.
Section 25 in The Delhi Rent Control Act, 1958 [Entire Act]
Section 25B in The Delhi Rent Control Act, 1958 [Entire Act]
Gulab Chand Pukhraj vs R.B. Jinender Raj & Anr on 27 August, 2009
In Gulab Chand Pukhraj vs. R.B. Jinender Raj & Anr.,
2009 (4) Civil Court Cases 748 (SC), it was held that "once it is not
disputed that landlord is in bonafide need of premises, court cannot
dictate to landlord which floor he should use for his business.
Moreover, it is well settled law that it is the landlord's prerogative as
to in which location he prefers to run business and law should not and
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cannot prevent such preference by a landlord in order to meet his
bonafide requirement".