HC: Tenant cannot dictate or instruct a landlord as to how and which property should be used for which purpose

  

On 1st October, a bench of Delhi High Court consisting of Justice Nazmi Wasiri held that the tenant cannot dictate or instruct a landlord as to how and which property should be used for which purpose. The court also held that if although the tenant is not in use of the property the same cannot be said to be available to the landlord until the tenant has the possession.

Facts of the case:

The petitioners-tenants impugn the order of eviction dated 05.04.2021 apropos premises no.71, Rajpura Village, Gurmandi, Delhi-07. The premises comprise tin-shed rooms as well as khaprail rooms with open courtyard admeasuring 82x49 ft. The premises were required for the dependent sons of the landlords.

Contention of the petitioner:

The following contention has been submitted by the Petitioner:

1. The learned counsel for the petitioners states that the petitioners have been living and using the premises for their livelihood for the past 40 years.
2. He stated that the petitioners-tenants seek some more time to make alternate arrangements and to vacate the premises, on such terms as may be fixed by the court.

Contention of the respondent: 

The learned Senior Advocate for the respondents-landlords submits that the petitioners have already enjoyed the 6 months since the date of the eviction order, therefore, they had enough time to make alternate arrangements.

Observation and judgement of the court: 

The following observation has been made by the hon'ble court: 

1. The tenant cannot dictate or instruct a landlord as to how and which property should be used for which purpose.
2. The court was of the viewthat the said non-user of the property cannot be construed as not being occupied by the daughter-in-law.

Thereafter, the court directed the tenent to vacate the premises on or before 30.04.2022, subject to payment of Rs.10,000/- per month as use and occupation charges, w.e.f. 05.10.2021.

Read Judgment ;

 

SOURCE ;  /www.latestlaws.com/

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