SUSHILA DEVI JAIN Vs. RAJINDER KUMAR GUPTA

JUDGEMENT

(1.) By virtue of the present revision petition the petitioner has assailed the order dated 26.8.2015 passed by the learned ARC, South allowing the leave to defend application of the respondent on the ground that a triable issue is raised by the respondent/tenant with regard to availability of an alternative accommodation on the first floor.

(2.) Briefly stated the facts of the case are that the present petitioner filed an eviction petition against the respondent in respect of Shop No.2 of premises No.12/03, Yusuf Sarai, Main Market, New Delhi-16. It was stated in the petition that the petitioner is aged about 87 years suffering from various ailments and settled in Calcutta and because of the fact that she is old, she is not able to take care of her properties and therefore she had issued a special power of attorney in favour of her son Devender Kumar Jain through whom the petitioner herself has instituted the petition setting up the requirement of Shubham Jain, son of Rajinder Kumar Jain, who happens to be the grandson of the petitioner as the ground for retrieval of the shop during the tenancy of the respondent. It was stated that Shubham Jain has completed his BBA and course for Chartered Accountancy and is around 26 years of age. The petitioner wants to settle her grandson by giving the said shop to him after retrieval of the possession from the respondent so that he is able to start his own office of Chartered Accountant. It was also alleged that Shubham Jain and his father, Rajinder Kumar Jain as well as the petitioner do not own any alternate commercial accommodation in Delhi.

(3.) On notice being served on the respondent/tenant, he has filed his leave to defend application and contested the plea of the petitioner for bona fide requirement. Various pleas were taken, out of which one was with regard to bona fide requirement. It was stated by the respondent/tenant that apart from the shop, the petitioner has accommodation available to her on the first floor of property No.12-B, Yusuf Sarai, New Delhi which is a part of the tenanted property and can be used for the purpose of setting up the office of Chartered Accountant. It was also stated in the leave to defend application that apart from the aforesaid property, Rajinder Kumar Jain was the owner of half undivided interest in Plot No.103, Bharat Ram Road, Daryaganj and he also owns Property No.1056, Gali Hira Nand, Maliwara, Chandni Chowk apart from a flat in DLF, Phase-I, Gurgaon. It was further stated that grandson of the petitioner, Shubham Jain, is not professionally qualified and is yet to pass his final exam and he is gainfully employed at M/s. Accenture as a Senior Associate.