Deleted user
posted 9 months ago
The recent decision of the Supreme Court in the case of Vinod Kumar vs. Ashok Kumar Gandhi has reaffirmed the landlords' right to evict tenants from non-residential property. This decision upholds the previous ruling in Satyawati Sharma vs. Union of India, which allows landlords to file eviction petitions on the grounds of bona fide need for non-residential premises. The court's decision in Vinod Kumar vs. Ashok Kumar Gandhi is of significant importance for eviction petitions filed in Delhi.
The court specifically dealt with Section 14(1)(e) of the Delhi Rent Control Act, 1958, which permits landlords to file eviction petitions for bona fide need for residential premises only. In the Satyawati Sharma case, the court had declared this section unconstitutional, stating that it violated the doctrine of equality by creating an unnecessary distinction between residential and non-residential premises, thereby restricting the rights of landlords to seek eviction for bona fide reasons.
this case happened in 2019 where the supreme court relied on the judgement given in satyawati sharma. In the Satyawati sharma article 14 1 e was declared unconstitutional and the legislature was asked to amend it. In the 2019 case, the supreme court relied on the satyawati case but the legislation had not made any amendments.
on the basis of this give analysis on these questions:
1. Judgement was passed in 2019 so what is the effect of legislature from 2019 till 2023
2. what if a landlord wants to file a eviction petition for commercial or residential property under article 14 1 e now?
