So far as the ratio of judgments mentioned at S.No. 1 i.e. Santhosh Devi
Soni Vs. Chand Kiran 2000(3) CCC 178 SC, at S. No. 2 i.e. Ram Narain
Arora Vs. Asha Rani and others AIR 1998 SC 3012, at S. No. 3 i.e. Puran
Chand & Anr. Vs. Yaspal 113 (2004) DLT 421 as well as at S. No. 11 i.e.
Anand Kumar Jain Vs. Subhash Chand Aggarwal RC.REV No. 127/2011
concerned, are also not applicable to the given facts & circumstances of the
present case as even in the present leave to defend application there is no
where objection has been taken that the present petition has been filed for the
additional accommodation rather the respondent contested the present eviction
petition on the ground that the premises in question is not suitable for the
residence purpose as the whole area is notified for mix land use.
So far as the ratio of judgments mentioned at S.No. 1 i.e. Santhosh Devi
Soni Vs. Chand Kiran 2000(3) CCC 178 SC, at S. No. 2 i.e. Ram Narain
Arora Vs. Asha Rani and others AIR 1998 SC 3012, at S. No. 3 i.e. Puran
Chand & Anr. Vs. Yaspal 113 (2004) DLT 421 as well as at S. No. 11 i.e.
Anand Kumar Jain Vs. Subhash Chand Aggarwal RC.REV No. 127/2011
concerned, are also not applicable to the given facts & circumstances of the
present case as even in the present leave to defend application there is no
where objection has been taken that the present petition has been filed for the
additional accommodation rather the respondent contested the present eviction
petition on the ground that the premises in question is not suitable for the
residence purpose as the whole area is notified for mix land use.
38. For the sake of completeness, it may also be recorded that the
respondents had contended that the petitioners were not owners of the
subject premises, and that therefore they were not landlords. This
objection was based on the respondents‟ allegation that the petitioners
had acquired title to the subject premises under a family settlement
entered into in the course of a partition suit; and that the family
14Ram Narain Arora vs. Asha Rani, (1999) 1 SCC 141, para 11
Signature Not VerifiedSigned By:ANJALI KAUSHIKSigning Date:02.07.202514:36:00 RC.REV. 95/2014 & RC.REV. 112/2014 Page 16 of 19
settlement and partition decree had been challenged by one of the
family members of the petitioners.
"32. As far as the contention of the counsel for the petitioner /
tenant, of the respondent / landlord in the petition for eviction
having not disclosed the allotment at Holambi Kalan is
concerned. Supreme Court in Ram Narain Arora Vs. Asha Rani
(1999) 1 SCC 141 held that the non-disclosure of
accommodation which the Court also agrees cannot be
alternate suitable accommodation, cannot be fatal to the
petition for eviction.
"32. As far as the contention of the counsel for the petitioner /
tenant, of the respondent / landlord in the petition for eviction
having not disclosed the allotment at Holambi Kalan is
concerned. Supreme Court in Ram Narain Arora Vs. Asha Rani
(1999) 1 SCC 141 held that the non-disclosure of accommodation
which the Court also agrees cannot be alternate suitable
accommodation, cannot be fatal to the petition for eviction.
25. The Ld. Counsel for the respondent had cited the
following excerpt from the decision in Ram Narain Arora v. Asha
Rani and others AIR 1998 Supreme Court 3012: