MANJIT KAUR & ANR Vs. NETRA PAL

JUDGEMENT

(1.) These are two petitions filed by the petitioners/landlord against the common order dated 13.4.2015 by virtue of which the learned Additional Rent Controller had granted leave to defend to the respondent/tenant to show that the requirement of the petitioners herein was not bona fide in seeking to retrieve the possession of the two shops available with the respondent herein.

(2.) Briefly stated the facts of the case are that the petitioner, Manjit Kaur, is an old lady of 84 years. It has been admitted by the petitioner that she is owner of another property bearing No.1591, Shastri Nagar, Delhi-110052 and further that one of her daughter, petitioner No.2, Davender Khokhar, is residing at USA for the last more than ten years. It is alleged by her that because of the old age, her daughter, who was otherwise settled in America, has decided to come back to India. It is stated that her daughter has decided to set up a clinic for the poor and needy for practising Complimentary Alternate Medicine in India which is a branch of complimentary allopathic treatment and, therefore, requires the tenanted shops for the said bona fide reason.

(3.) It is absolutely true that while considering the bona fide requirement of a person, the court has to objectively look at the accommodation which is available to such a person. In the instant case, it is not claimed by the petitioner that she is in possession of any other alternative accommodation but the learned Additional Rent Controller has observed that the respondent's requirement is not bona fide and therefore, has granted leave to defend to the tenant.