This case concerned a revision petition filed by a landlord against the order of the Additional Rent Controller, Delhi (“ARC”) dismissing his eviction petition citing bona fide requirement. The ARC had also granted leave to defend to the tenant.
The Ld. Single Judge of the Delhi High Court held –
“18. Further, no doubt, as held in Shiv Sarup Gupta (supra) the landlord is the best judge of his needs, it has also been held therein that the need urged by the landlord must be genuine, sincere, honest, natural, and the like. In fact, as also held by the Hon’ble Supreme Court in Sarvate T. B. v. Nemichand [1966 MP LJ 26 (S.C.)] and Dattatraya Laxman Kamble v. Abdul Rasul Moulali Kotkunde [(1999) 4 SCC 1], should there arise any suspicion/ doubt in the mind of the Court as to the genuineness of the bona fide requirement urged by the landlord, the burden is upon the landlord to clear all such doubts. Clearly, the landlord herein has not been able to discharge the said burden.”.
The revision petition was dismissed holding that there were contradictions, non-filing of requisite documents by the landlord and no proper evidence led by the landlord to prove his case, citing Sarla Ahuja vs. United India Insurance Co. Ltd. [(1998) 8 SCC 119] and Abid-Ul-Islam vs. Inder Sain Dua [(2022) 6 SCC 30]. The Delhi High Court did not interfere with the findings of the ARC stating that in revisional jurisdiction, the scope is itself limited.
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