Landlord not appeared to prove bonafide requirement. What will be effect on case?
I filed an eviction petition on the ground of bonafide requirement under the Delhi Rent Control Act. Since, I was not too well I did not appear for evidence before the Court and instead I got the examination of my Power of Attorney who gave evidence before the court. Is such an evidence proper in a case of bonafide requirement?
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The best person to prove bona fide requirement of a landlord is the landlord itself. In case you could not appear before the court for some extreme reasons, you should have got yourself examined on commission. The court generally takes an adverse inference in case the landlord himself does not appear for leading evidence for a bona fide requirement. It would be appropriate that even now you should filed an application for your own evidence in the court and you should not rely upon the evidence given by your Power of Attorney.
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Tags: Landlord-Tenant Eviction Dispute