Delhi High Court ruling upholds landlord's rights over tenant's in property disputes

Dec 18, 2024

Synopsis
The Delhi High Court has ruled in favour of an elderly couple's eviction request. The court stated the tenant cannot control the landlord's property use. The couple, a war veteran and his wife, needed the space for care. The tenant had overstayed their lease. The court granted the couple possession of their property.

A Delhi High Court ruling has affirmed a landlord's right to use their property as they see fit, siding with an elderly couple seeking to evict a long-term tenant. The court granted the couple's eviction plea, overturning a lower court's decision.

The couple, a senior citizen and war veteran facing health challenges, sought to reclaim a portion of their property occupied by a tenant since 1989. The tenancy formally ended in 2003, but the tenant refused to leave, arguing the couple had ample space to accommodate family or staff. The lower court had previously denied the eviction request due to insufficient proof of the couple's medical needs.

Justice Tara Vitasta Ganju disagreed with the lower court's assessment, citing the provided medical records, photographs, and the daughter's divorce decree. The court acknowledged the 80-year-old landlord's military service and various ailments, including Parkinson's and pulmonary fibrosis, leaving him bedridden. His 76-year-old wife also suffers from health issues.

The court emphasized the landlord's autonomy in property matters. “A tenant cannot dictate the terms of use of a property to a landlord,” the court stated, adding, “The landlord is the best judge of his requirements. It is not for the courts to dictate in what manner and how a landlord should live.”

The tenant has been given six months to vacate the premises.

[The Economic Times]