SUDERSHAN THUKRAL Vs. KHEM B MANKANI

JUDGEMENT

(1.) Since a common point of law is involved inboth the petitions being No. CR 17/93 and CR 88/93. I therefore propose tothese by a common order.

(2.) The petitioners have assailed the impugned order of the Addl.Rent Controller on the ground that their leave to defend application has beenWrongly rejected. The landlord/owner had failed to prove his bona fiderequirement. Landlord's son acquired in 1990 a DDA flat at Vasant Kunj,consisting of three bedrooms which he has let out on rent. This fact has notbeen taken cognizance of by the Court below, hence in the absence of anybona fide requirement the petition ought to have been dismissed. Moreover,the intention of the landlord/owner was to sell the property and not tooccupy himself.

(3.) Brief facts of the case are that Khem Chand B. Mankani,respondent is the owner of the premises bearing No. B-54, New RajinderNagar. He is about 81 years old and his wife about 78 years old. Both aresuffering from various ailments. Beside his wife, his son, Mr. B.K. Mankani,his daughter-in-law Smt. Kamlesh and 'grand children are also residing withhim on the ground floor of this premises which portion consists of two bedrooms, one drawing-cum-dinning room, one store and a kitchen etc.Smt. Sudershan Thukral, the petitioner in C.R. 17/93 is occupying one room,one latrin, one bathroom-cum-latrine and verandah-cum-paraholla on thebarsati floor, whereas M/s. Blaze Advertising (P) Ltd. is occupying two bedrooms, one drawing-cum-dinning room. one store and a kitchen, verandah,one Indian style latrine, one bath-cu-m-latrine. The landlord/owner, respondent herein retired as Section Officer from the Department of IndustrialDevelopment in the year 1970-71. His son Mr. B.K. Mankani who had beenresiding with him ever since is working as Senior Engineer at BadarpurThermal Power Station. His daughter-in-law Smt. Kamlesh Mankani isemployed in the Telephone Department. His grand son and daughter arestudying in 7th and 3rd class respectively. Besides these members, who areresiding with him, his daughter Lakshmi Motwani who is married toDr. Shyam Lal Motwani are frequent visitors to his house. He and his wifebeing old and ailing constantly need the medical services of their son-in-lawDr. Shyam Lal Motwani who also comes and stays with them in this house.His other son Shri M.K. Mankani, who is at present residing at Bombay withhis family also visits and stays with the respondent at Delhi. His grand sonHarish Mankani son of Shri M.K. Mankani wants to study at Delhi but dueto paucity of accommodation, he is not in a position to stay at Delhi. Underthe circumstances he required the accommodation of both the floors forhimself and for the members of his family. He and ' his wife are sufferingfrom various ailments. His wife is physically unwell and is under the treatment of the doctors. They being old need the help of their son to look afterthem. Therefore the son with the family has to stay with them as being oldand ailing they cannot live alone.