In a recent court case, the High Court of Delhi decided that Rajiv Sharma, the landlord, can make his tenants, Ramesh Kumar & others, leave a property in Delhi. The court found that the landlord needed the space for his law practice, rejecting the tenants' arguments.
Ramesh Kumar and others, represented by Mr. Nikhilesh Krishnan and Mr. Jai Pratap, filed a request to overturn an order that said they had to leave. The order was originally given by the Additional Rent Controller of Tis Hazari Courts. They wanted the court to cancel the eviction notice and allow them to stay.
The main argument was about whether the landlord, Rajiv Sharma, really needed the space. Sharma, a lawyer, said he needed the place for his work. The tenants argued that he had other spaces available and questioned his claim of practicing law.
"The need claimed by a landlord must be real, honest, and sincere," argued the tenants' lawyer.
Justice Saurabh Banerjee found that Rajiv Sharma was indeed an active lawyer. Evidence showed he had been practicing since 2005 and had a valid Bar membership. The court decided his need for an office was genuine.
"The landlord is holding an active Bar membership, which is enough proof," noted the court.
The tenants pointed out that Sharma had other properties, including three shops and a Baithak office. They argued these could be used instead. However, the court decided these spaces were not suitable for Sharma's needs.
"The landlord, being the best judge of his own needs, is the best person to decide," the court emphasized.
The tenants also suggested that Sharma could use the first or second floor of the building for his office. The court disagreed, stating that it's not the court's role to tell a landlord how to use their property.
"It is the right of the landlord to decide," the judgment stated.
Justice Saurabh Banerjee dismissed the tenants' request, allowing the eviction to proceed. The court found no reason to change the Additional Rent Controller's decision, emphasizing that landlords have the right to decide how to use their property.
