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1 - 10 of 16 (0.24 seconds)The Code of Civil Procedure, 1908
The Indian Evidence Act, 1872
The Delhi Rent Act, 1995
Section 12 in The Delhi Rent Act, 1995 [Entire Act]
Smt. Ramkubai Since Deceased By Lrs. & ... vs Hajarimal Dhokalchand Chandak & Ors on 13 August, 1999
340 DB) and Smt. Ramkubai Vs. Hajarimal
Dhokalchand Chandak ( AIR 1999 SC 3089).
Chuni Lal Om Parkash vs Inder Singh on 13 September, 1972
It was held by
Hon'ble Delhi High Court in Om Parkash Vs Inder Kaur ( 2009
156 DLT 292) that there is nothing in the DRC Act which
suggests that the landlord must step into the witness box to prove
his bona fide need for the premises in question and that it is open
to the landlord to lead any evidence which he chooses in order to
substantiate his case of bona fide requirement. Similar view was
taken in Capt.
Capt.Praveen Davar (Retd.) & Another vs Harvansh Kumari & Ors. on 27 August, 2010
Praveen Davar Vs. Harvansh Kumari (2010) 119
DRJ 560, wherein it was held that it is not essential for the
landlord to enter into witness-box and depose in favour of his
case and even an attorney holder can depose on behalf of the
landlord who has personal knowledge of the facts of the case.
Anil Bhasin vs Imarti Devi on 6 November, 2017
In
a recent judgment, Hon'ble Delhi High Court in Anil Bhasin Vs
Imarti Devi (RC Rev No. 266/2017 dated 06.11.2017), held that
it is not essential in a proceeding for eviction of a tenant for the
landlord himself to step into the witness box and any other
witness who has personal knowledge of the facts can depose as a
witness.
Jai Kishan Balkishan And Anr. vs M.B. Kagal And Anr. on 26 April, 1972
43. The aforesaid view of the Supreme Court in M.M.
Quasim (supra) and other views quoted above are
consistently followed by the courts in the country which
make it clear that even the landlord is considered to be
the best judge to decide his need, the same should be
merely a weighing factor in order to decide the
reasonableness and suitableness of the alternative
accommodation and ultimately the said question is to be
RC ARC No. 725/2018 Dayawati Vs. Pramod Kumar Page no.24/26
decided by the rent controller on objective standards
and not on the subjective will of the either party be it
landlord or the tenant. As I have indicated, the
reasonableness and suitability of the available
accommodation is a question of fact, it has to be decided
on case to case basis by controller by examining the
tenability of the pleas of the parties rather than just
believing the stand of either side. That is why, I have
indicated that the reasonableness and suitability is to be
decide from the glasses of man of ordinary prudence as
what should be reasonable and suitable in the given
circumstances.