Housewife Landlady Can Require Tenanted Premises For Husband's Welfare, Familial Duties: Delhi High Court

The Delhi High Court has observed that a landlord being the “housewife landlady” can require the tenanted premises from the tenant for husband's welfare and family duties, which would qualified as “bona fide requirement.”While dealing with an eviction plea matter, Justice Saurabh Banerjee said that the fact that the husband was elder and dependent on the landlady wife was sufficient to establish her bona fide requirement. “As far as the aspect of bona fide requirement is concerned, this Court finds the argument urged by the tenant to the effect that the landlady, being a housewife, could not have any such need or occasion to assist her husband, to be wholly untenable. The same falls flat since it is well-settled that family members of a landlord, who are closely connected and qua whom the landlord has a social obligation, are also covered by the expression “… …for his own use… …” as contained in Section 14(1)(e) of the Act,” the Court said.“There can be no plausible justification for reading any distinction into the applicable laws simply because the landlord herein is a housewife landlady, more so, since giving such an interpretation would be against the very principles of law and justice, especially as enshrined in Articles 14 and 15 of the Constitution of India. The landlord can also be a landlady requiring the subject promises for her husband as in the present case. The age of the parties or the dependency of the husband on the landlady or the financial capacity or the status of the parties can in no manner come in the way of maintainability of an eviction petition in such cases,” it added.Justice Banerjee was dealing with a tenant's plea challenging an order passed by the Additional Rent Controller allowing the eviction petition filed by the landlady qua a shop in a property. The eviction petition was allowed on the ground that the landlady's husband, who was unemployed and dependent on her, required the same to start his dry fruits business.Denying relief to the tenant, the Court observed that prima facie, there was no merit in the case set up by him.It added that once it was the case of the landlady that she required the subject premises for the welfare and betterment of her own husband in the course of fulfilment of her familial duties, neither the tenant, nor even the Court, could have any say in the same. “…it is not denied by the tenant that her husband was elder in age to her as also was dependent upon her. That her sons were gainfully employed or that the landlady disclosed her source of income or that her husband is actually unemployed were not factors to conclude that there no bona fide requirement of the subject premises by the landlady,” the Court said.It concluded that not having brought any defence on record, mere assertions by the tenant that a husband could never depend upon a housewife, could not provide any support to his case.The tenant's counsel, on instructions, stated that the tenant was willing to vacate the subject premises and handover vacant and peaceful possession thereof to the landlady on or before May 30, 2026. It was also submitted that the tenant shall also pay or clear all electricity and water dues, including all other statutory dues. The counsel for the landlady raised no objections to the tenant's stand but said that he must continue to pay the user and occupation charges at the same rate as fixed by the Court earlier.The matter will now be heard on November 19.Title: NAVEEN KUMAR v. BABITA JAINCitation: 2025 LiveLaw (Del) 1344Click here to read order

Housewife Landlady Can Require Tenanted Premises For Husband's Welfare, Familial Duties: Delhi High Court

Nupur Thapliyal

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