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1997 Supreme(Del) 504

USHA MEHRA
V. S. SACHDEVA – Appellant
Versus
M. L. GROVER – Respondent


Advocates Appeared:
Ajay Verma, I.S.MATHUR, MANISHA GUPTA, Rajesh Yadav

Usha Mehra, J.

( 1 ) IN this petition, the petitioner has raised two important questions of law namely :

1. Whether other accommodation which is in exclusive possession of petitioner s brother would amount to suitable alternative accommodation available to the petitioner?

WHETHER non-mentioning of the detailed tenanted portion in the petition though mention of the same was there in the site plan annexed with the petition, would amount to seeking partial eviction.

TO understand the challenge, let us have a quick glance to the relevant facts of the case as set up by the parties in their pleadings.

( 2 ) PETITIONER sought eviction of the respondent on the ground of bonafide requirement from the portion shown in red colour in the site plan annexed with the petition including the entire ground floor and the portion shown in green as well as in red colour in the site plan. Basically eviction was sought because accommodation in possession of the petitioner was highly insufficient. The petitioner shifted to Delhi from Dhanbad. He had no other accommodation available except the house in question. He shifted with his family to Delhi and started living in part of this house. His family consists














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