Skip to main content

‘Tenant can’t fix space usage’

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 Femida Begum 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.

Article referred: http://timesofindia.indiatimes.com/City/Delhi/Tenant-cant-fix-space-usage/articleshow/27053238.cms

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...