SMT. JHUMI KULSHRESHTHA Vs. SHIV SHANKAR AGRAWAL

JUDGEMENT

(1.) Heard Sri Pankaj Agarwal, learned counsel for the petitioners and Sri Swapnil Kumar, learned counsel for the respondent.

(2.) Present petition has been filed for setting aside the order dated 3.7.2018 passed by

(3.) Release application filed by the landlord-respondent for personal need was rejected by the prescribed authority. P.A. appeal filed against the same by the landlord-respondent was allowed. Release application was filed by the landlord-respondent on the ground that Dr. R.C. Kulshreshtha was the original tenant of the shop in question and after his death, his wife Smt. Kusum Kulshreshtha became the tenant of the shop. She has taken Dr. Pankaj Yadav and Dr. Sanjay Bhatnagar as sub-tenant. The opposite party no. 2-Dr. Jhumi Kulshreshta-petitioner no. 1 herein claims herself to be adopted daughter of late Dr. R.C. Kulshreshtha. The shop in question is needed for establishing his own business by the landlord as earlier he was working with his son in the firm Sri Girraj Traders, which was being run in a tenanted accommodation and the said accommodation was got vacated by its landlord on 30.9.2011. The release application was contested by the tenant and it was claimed that Dr. Jhumi Kulshreshtha is adopted daughter of late Dr. R.C. Kulshreshtha. Dr. Pankaj Yadav is her husband and nobody has been taken as a subtenant in the shop in question. It was further claimed that two other shops no. 75/243A and 75/243B, which were got vacated for personal need of his son and after release the aforesaid shops were sold by him and as such the need of the landlord is not bonafide. It was further claimed that in the tenanted accommodation eye hospital is being run and therefore, greater hardship will be caused to the tenant in case the shop is released.