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2021 Supreme(Del) 878

NAJMI WAZIRI
Barinder Jeet Singh – Appellant
Versus
Ajit Kaur – Respondent


Advocates appeared:
Manmohan Singh, Advocate, Atul Ahuja, Advocate

JUDGMENT

Najmi Waziri, J. - The learned counsel for the parties have been heard.

2. The petitioner impugns the eviction order dated 20.01.2020 on the ground that one shop is still lying vacant with the landlady; that she is now about 80 years of age and does not have bona fide need. Therefore, the impugned order should be set aside.

3. The landlady had sought eviction from shop nos. 2 and 3 bearing no. WZ-217 Gali No. 7, G-Block, Shiv Vihar, Hari Nagar, New Delhi; on the ground that her two sons who are living overseas want to come back to India to start a business. The landlady-tenant relationship is not in dispute.

4. The application for leave to defend which was dismissed, had raised the following grounds that:

    (i) the application is malafide, (ii) the landlady is receiving a monthly pension of Rs.60,000/- and monthly rental income of Rs.10,000/-, (iii) one of her sons lives comfortably in United Kingdom for the last 15 years and has no intention to come back to India, (iv) the landlady herself is of 76 years of age and it is not possible for a person of her age to run a daily-needs store/shop with her son, who is permanently settled in UK along with his family, (v) if vacated, the

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