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Synopsis

In a recent judgment, the Delhi High Court affirmed the right of landlords to the beneficial enjoyment of their property and emphasized that tenants cannot dictate how landlords utilize their possessions.

The court upheld an eviction order for tenanted premises, stating that landlords have sole discretion over their properties.

The bench of Justice Jasmeet Singh held that it is well-established law that tenants cannot dictate the use of the property to landlords.

“Landlords cannot be deprived of the beneficial enjoyment of their property. Further, the court is not to sit on the armchair of landlords to dictate as to how the property should be utilised. It is the sole discretion of the landlords to get all the tenanted premises vacated and use as per their needs", the court said.

The judgment came in a plea seeking dismissal of a revision petition filed by a tenant challenging a trial court's eviction order for a shop on Shyama Prasad Mukherjee Marg.

The landlord, a joint owner of the property with his son, explained that his son, having completed education abroad, wished to establish an independent business—a plush restaurant—requiring the tenanted portions to be vacated.

The tenant contested the eviction, alleging that the landlords failed to disclose the exact area under their possession and the space occupied by other tenants in their eviction petition. It argued that the eviction was an afterthought, driven by a desire for higher rent or selling the premises at a premium due to the rising property prices in the area.

The high court, in its verdict, found no evidence of malice or fanciful intentions in the landlords' need for the premises. It emphasized that the landlords, being the best judges of their requirements, had a genuine desire, to run a restaurant.

“The desire of the landlords of running a restaurant cannot be faulted with, as they are the best judge of their requirements, and it is trite law that tenants cannot dictate to landlords as to how the property has to be utilised,” it said.

Dismissing the revision petition, the court affirmed the landlord's right to decide the use of their property, highlighting that the tenant's attempt to dictate usage was legally untenable.

Case Title: Manmohan Singh v. Arjun Uppal & Anr.