SANTOSH DEVI SONI Vs. CHAND KIRAN

JUDGEMENT

(1.) Leave granted.

(2.) By consent of learned counsel for the parties we have heard this appeal finally.

(3.) The short question is whether in the light of the requirements put forward by the respondent-landlady who is a widow and is in occupation of the first floor of the building in which the suit premises are situated leave to defend to the defendant- appellant could have been refused. As this is a case for additional accommodation and looking to the facts and circumstances of the case, especially in the light of the additional accommodation which is subsequently made available to the respondent as mentioned by the appellant, the question of respondent's need was required to be thrashed out on merits by a full-fledged trial. This Court on 11th January, 1990 in Civil Appeal No. 120 of 1990 in the case of Dr. S. M. Misra v. D. D. Malik has ruled that in the cases where additional accommodation is asked for in proceedings under Delhi Rent Control Act, normally leave to defend should not be refused.