ARVIND KUMAR AHLUWALIA Vs. USHA RANI

JUDGEMENT

(1.) FEELING aggrieved of the dismissal of application for leave to contest the eviction petition under section 14D read with section 25B of the Delhi Rent Control Act, the petitioner has preferred the present petition.

(2.) SECTION 14D of the DRC Act confers right upon the landlord who is a widow to recover immediate possession of the premises which were let out by her or her husband if the said premises are required by her for her own residence. Admittedly the respondent is living in a Government accommodation which according to her was allotted to her in her independent capacity. The solitary contention raised by the petitioner is that since the respondent has an alternative suitable accommodation her need of the suit premises is not bonafide. The learned trial court has rightly come to the conclusion that it is for the landlord to decide where to live. The accommodation where the respondent is living is a Government accommodation. After the death of her husband she now wants to live in her own house. Tenant is not entitled to dictate terms to the landlady as to where she should live. He cannot compel her to continue living in the govt. accommodation occupied by her as a licensee if she intends to live in her own house.

(3.) THERE is no ground for interference in the impugned order as no triable issue arises. Petition is dismissed. However, petitioner shall vacate the premises and handover peaceful possession within three months from today. By that time petitioner shall also clear entire arrears of rent.