The renter does not hold the authority to dictate how the property owner should optimally utilize his property. He is unable to advise the landlord about the property’s use. This is the declaration of the Delhi High Court.
This ruling was issued while addressing a petition submitted to the High Court for the eviction of the tenant. The court stated that the tenant is not allowed to compel the landlord to determine the conditions for using the property. The landlord is the most capable evaluator of his requirements. It is not the responsibility of the court to determine how and in what ways the landlord should reside.
Renter did not vacate the property
The High Court has allowed the tenant six months to leave the premises and return it in peaceful possession. The matter concerned a request made by an unhappy couple seeking to remove a tenant residing in a section of their home. The tenant began residing in their home in 1989, and the lease lasted until 2003. Subsequently, the landlord requested that he leave the house. However, the renter did not vacate the property.
The landlord mentioned that because of his health issues, he required space to accommodate nursing staff and his divorced daughter in his home. Simultaneously, the tenant claimed that there was sufficient room in the house for the landlord to house his divorced daughter or personnel.
The landlord contested the ruling of the rent control tribunal. The lower court, rejecting the landlord’s arguments, ruled in favor of the tenant. The court stated that adequate evidence regarding his medical condition was not shown. Simultaneously, High Court Justice Tara Vitasta Ganju expressed her disagreement with the trial court’s ruling, stating that “the records indicate that the petitioner provided adequate documents to substantiate his claims, which consist of medical records, images depicting the petitioner and his wife’s situation, the divorce decree of the petitioner’s daughter, and her temporary employment certificate.”