Quick Summary
In a recent court decision, the Delhi High Court sided with Shri Dineshwar Nath Kedar, allowing him to remove M/S Gopal Dass and Sons from a shop in Chandni Chowk. The court found the landlord’s need for the shop real, changing a previous decision.
Shri Dineshwar Nath Kedar, the landlord, asked the court to let him evict the tenant because he needed the shop for his business and his son's jewelry business. The shop is located at property no.1160 in Chandni Chowk, Delhi. The request was first turned down on March 6, 2021, by the Additional Rent Controller (ARC).
The tenant, M/S Gopal Dass and Sons, said that the landlord had other places he could use and that his son was already making money on his own. They claimed the landlord didn't really need the shop and pointed out other places he could use.
Justice Saurabh Banerjee looked at the earlier decision and found several mistakes. The court noted that the tenant couldn't prove there were other suitable places for the landlord to use and that the landlord's son was indeed planning to start a business.
"The landlord's need is honest, real, and sincere," the court stated, pointing out that the tenant couldn't effectively argue against this.
The tenant argued that the landlord had other places, including property no.1838, which could be used for the same purpose. However, the court found these options unsuitable for a jewelry business, as they were either already in use or not good for business.
On December 20, 2025, the court changed the ARC's decision, giving the landlord the right to evict the tenant. However, the tenant has six months to leave the shop, as per Section 14(7) of the Delhi Rent Control Act.
The court decided that the landlord's need for the shop was real and allowed him to evict the tenant, giving them six months to vacate the premises.
