Lalta Prasad Gupta vs Sita Ram on 2 August, 2017
Reference is made to the judgment of the Hon'ble High
Court of Delhi in the case of Lalta Prasad Gupta Vs. Sita Ram, 2017
SCC Online Del 13026, wherein it was held that the tenant must plead
that the particulars of the alternative premises; the right/title of the
landlord to the same; that the said premises were vacant and available for
use at the time of pleaded requirement of landlord; and support the said
pleas with material on the basis whereof such pleas will be proved.
However, no material has been placed on record by the respondent to
entail denial of relief to the petitioner on the ground of availablity of
alternative accommodation. Similarly, with respect to property no. 8495,
Katra Abdulla Beg, Roshanara Road, Delhi-7, nothing has been placed
on record by the respondent to show that the property is owned by the
petitioner herein. Per contra, petitioner has categorically deposed that the
said property is owned by her daughter Shilpi and has also clarified the
reason for mentioning of the said address in the death certificate of her
father. Therefore, the said purported alternative accommodation also
does not assist the case of the respondent.