The Delhi High Court has upheld a landlord’s right to use their property as they wish, ruling in favor of an elderly couple seeking to evict a long-term tenant.
The court approved their eviction plea, overturning a previous lower court decision.
The couple, an 80-year-old war veteran and his 76-year-old wife, both facing health issues, wanted to reclaim part of their property occupied by a tenant since 1989.
Although the tenancy officially ended in 2003, the tenant refused to vacate, arguing the couple had sufficient space for family or staff.
The lower court had denied the eviction request, citing a lack of evidence regarding the couple’s medical needs.
However, Justice Tara Vitasta Ganju disagreed with this ruling, relying on medical records, photographs, and the daughter’s divorce decree.
The court noted the landlord’s military service and serious health conditions, including Parkinson’s and pulmonary fibrosis, which left him bedridden. His wife also suffers from medical issues.
Emphasizing a landlord’s autonomy over their property, the court stated, “A tenant cannot dictate the terms of use of a property to a landlord,” adding that the landlord is the best judge of their own needs.
It further ruled that courts should not interfere in how a landlord chooses to live. The tenant has been given six months to vacate the premises.
