Shop eviction under delhi rent control act 1958

munna lal (Querist) 09 October 2015 This query is : Resolved
Sir,

Can commercial property gave on perpetual lease be vacant from tenant under bonafide requirement under Delhi rent control act, 1958 ?

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Dr J C Vashista (Expert) 10 October 2015
Yes, it can be got vacated u/s 14(1)(e) r/w section 25B of the Delhi Rent Control Act, 1958.
However, the perpetual lease agreement is also to be inspected before issuance of demand/legal notice.

DEFENSE ADVOCATE.-firmaction@g (Expert) 10 October 2015
First of all you say PERPETUAL LEASE so how you will prove it.

Even otherwise getting property vacated is very long process unless there is default in rent, sub letting or permanent changes not normal changes .

See what SC has said in recent judgment for bonafide requirement of the landlord.

When examining a case of personal requirement, if it is pointed out that there is some vacant premises with the landlord which he can conveniently occupy, the element of need in his requirement would be absent. To reject this aspect by saying that the landlord has an unfettered right to choose the premises is to negative the very raison de'etre of the Rent Act .