SANTOSH CHAUDHARY Vs. TARA DEVI

JUDGEMENT

(1.) This petition under Section 25-B(8) of Delhi Rent. Control Act (hereinafber referred to as "the Act" only) is directed againat an order dated 9.12.2000 passed by Additional Rent Controller, Delhi by which the petitionerss application for leave to defend was dismissed and the reapondent's petition under Section 14-D of the Act was alto wed.

(2.) The facts relevant for disposal of this petition, briefly stated, are that the respondent filed an eviction petition under Section 14-D of the Act alleging that she was the owner/landlady of the premises, G-48, Green Park, New Delhi, shown in red in the site plan attached to the petition. She stated that she was a widow, aged about 76 years suffering from severe osteorthosis with severe genuvarum deformity of both the knees. She had undergone surgery for total knee replacement in the year 1999 and was still undergoing physiotherapy treatment. She had been advisee further surgery also for the left knee joint. She alleged that she was residing at the first floor of the aforesaid building but climbing up stairs was very difficult and painful for her. She was not in a position to walk without the help of some support and as such, she could not continue to live on the first floor. She therefore, bonafide required the premises in question for her residential use.

(3.) The petitioners'/tenants moved an application for leave to defend under Section 25-B(5) of the Act pleading that the suit premises were neither residential nor let out for residential purpose nor could be used for residential purpose and as such, plea of the respondent landlady that she required these premises for\the purpose of her residence was not tenable. They pleaded that the premises in question were situated on the ground floor and were surrounded by commercial establishments. In the same building also, there were so many shops adjoining the premises in question. They alleged that the respondent landlady had sufficient accommodation on the first floor, was enjoying perfect health and had no problems in walking etc.