Delhi tenants can’t fix space usage in Delhi
Dec 09, 2013
Source : The Times of India

 

DELHI: No tenant can dictate usage of space to the house owner, a trial court has observed while ordering eviction of a tenant from the house of a 65-year-old handicapped widow in Nizamuddin.

Additional civil judge M P Singh’s order came as a relief to the house owner who had sought the court’s intervention for the eviction of her tenant, Mohammad Ahmed, so that one of her daughter could open a tailoring shop in the area occupied by Ahmed.

The court also held “there is no law that a woman, after marriage, is required to reside in her husband’s house,” adding that Femida’s daughter might well prefer, in this case, to stay with her widowed and handicapped mother. The court made the observation while dismissing Ahmed’s argument that daughter for which Femida was seeking eviction was of marriageable age and was soon likely to shift to her future husband’s home.

The court also said that the tenant could not suggest ways in which his landlady might have used the house space.

Femida, who is 80 percent handicapped, owns a double-storey building in Nizamuddin and lives on the first floor with her two daughters and son Firoz. One of the woman’s daughters, Farhana Khan, 28, is unmarried and unemployed.

Femida told the court that she would like Farhana to open a tailoring shop on the ground floor, occupied by Mohammad Ahmed, which would provide her employment and also offer the family a source of income.

There are two shop spaces on the ground floor of the building, one occupied by Ahmed and another serving as a guest room. Ahmed had been Femida’s tenant since 1998, paying a monthly rent of Rs 1,000 excluding the cost of electricity and water. The court directed Ahmed to vacate Femida’s house, saying she required her space.

“The tenant cannot suggest ways regarding the usage of her house. It is for her to determine how best she can make use of the available space,” the court ruled, ‘directing the tenant also to ensure that he did not make off with any of the woman’s possessions.

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