Deleted user
Lawyer
posted 7 months ago
1. The legislature had the opportunity to amend Section 14(1)(e) of the Delhi Rent Control Act, 1958, following the Satyawati Sharma case, when the court declared it unconstitutional. However, as per the given data, it is not mentioned that any such amendment has been made from 2019 till 2023. Therefore, the provision remains unconstitutional as per the court's ruling in Satyawati Sharma. The recent decision in Vinod Kumar vs. Ashok Kumar Gandhi further solidifies this position and reaffirms that landlords have the right to file eviction petitions for bona fide reasons, both for residential and non-residential property.
2. If a landlord wants to file an eviction petition for commercial or residential property under Article 14 1(e) now, the provision is still unconstitutional. The landlord cannot rely on this provision to seek eviction for bona fide need of the property. Instead, eviction petitions can be filed under other provisions of the Delhi Rent Control Act, 1958, such as Section 14(1)(a) on the grounds of non-payment of rent or Section 14(1)(b) on the grounds of subletting without the landlord's permission, or under the Transfer of Property Act, 1882. It is important for landlords to seek legal guidance while filing an eviction petition to ensure that all legal requirements are met and to avoid any potential legal challenges.