No deprivation of livelihood due to old age or frail health: HC

New Delhi : A person can’t be deprived of right to livelihood and to live with dignity merely on account of old age and frail health, the Delhi High Court has observed while upholding an order directing eviction of a tenant from a property which is now required by a landlord for carrying out his business.

The high court rejected the stand taken by the tenant that looking at the old age and health of the landlord, it was not believable that he would carry out any business from the premises which was sought to be vacated. The high court dismissed the petition by the tenant challenging an order of an additional rent controller (ARC) which had passed the eviction order.

“The bona fides of the requirement set up by the landlord cannot be shrouded with doubts on such presumptive arguments. Merely because the landlord suffers old age and frail health, it cannot be presumed that he does not require the tenanted premises to run his business or is not capable of earning livelihood,” Justice Girish Kathpalia said while upholding the ARC’s order.

The high court said there was nothing on record to feebly suggest that the landlord was bedridden or being taken care of financially by his son engaged in an independent business. “Merely on account of old age and frail health, a person cannot be deprived of the right to livelihood and the consequent right to live with dignity,” the high court said.