V.K. BHANDARI Vs. SHEIKH MOHD. YAHYA

JUDGEMENT

(1.) CM No. 3061/2009 For the reasons stated in the CM, the same is allowed. Accordingly, the application stands disposed of. CM No. 3060/2009

(2.) EXEMPTION allowed, subject to all just exceptions. RC.REV. 17/2009 & CM No. 3059/2009

(3.) LEARNED counsel for petitioner-tenant contends that respondents- landlords have not disclosed the alternative accommodation available to them in Delhi. He states that there is no averment in the eviction petition that other family members of respondents did not possess or own any other reasonable suitable residential accommodation. He further contends that though respondents- landlords have been in possession of first and second floors of tenanted premises comprising of four rooms, respondents had not occupied the said floors for the last fifty years. Therefore, according to him, respondents- landlords requirement was not bona fide and respondents-landlords intent was only to sell the property at a high price.