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

Post a Comment

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...
Post a Comment
Read more

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/
Post a Comment
Read more

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...
7 comments
Read more