News: Plea in HC claims eviction provision under DRCA discriminatory towards landlords-04-02-2021
Under the Act, a landlord can seek eviction of a tenant from a residential property if the tenant has an alternative accommodation, the petition by two brothers, has said and added that the same was not applicable to commercial properties.
NEW DELHI: The Delhi High Court on Thursday sought response of the Centre on a plea claiming that the provision in the Delhi Rent Control Act (DRCA) of 1958 which deals with eviction of tenants was "discriminatory towards the landlords" where commercial properties was concerned.
A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice to the Ministry of Housing and Urban Affairs seeking their stand on the petition which claims that the Act does not provide for eviction of tenants from commercial properties when such persons have other commercial properties.
Under the Act, a landlord can seek eviction of a tenant from a residential property if the tenant has an alternative accommodation, the petition by two brothers, has said and added that the same was not applicable to commercial properties.
The petitioners, represented by advocates Abhinav Beri, Shivam Khera and Satyam Khera, have contended that not considering commercial properties under the eviction provisions of the Act was "purely arbitrary, unreasonable and a latent drafting flaw which has just been ignored for a very long time".
The petition was moved after an Additional Rent Controller rejected the brothers plea to evict their tenants from a commercial property, despite the latter having several other commercial properties.
The brothers wanted to evict their tenants from the shop, which is close to their own shop, at Ajmeri Gate here as they wanted to expand their business.
They have contended that the Act was initially enacted in 1958 with a view to protect tenants who do not have any alternative accommodation, but now with change in circumstances, the interests of landlords also need to be considered, especially with regard to commercial properties.
"Landlords have been forced to not to seek legitimate eviction when tenants do not require any more protection under DRCA due to change in circumstance of tenant," the plea has claimed.
