13.1 Thus it is not necessary that a person should be
unemployed in order to show his bonafide or to first loose his
existing job or resign or reach the level of starvation. Petitioner has
placed on record the photocopy of the certificate issued by Manav
Rachna University that her son is about to retire on his age of
superannuation ie 2015. Thus the argument of Ld. counsel for
respondent is misconceived and untenable. Joblessness is not a
condition precedent for seeking to get back ones premises. There
is no denial of the fact that the litigation in courts do take some
time and this petition which was filed in 2012 has come up for
orders in 2014 and that too in summary proceedings. Further the
landlord does not has to prove that she has resources to start the
business. It is irrelevant consideration as the question of having
necessary fund to start the business is not at all necessary in view of
the law laid down by Hon'ble Supreme Court of India in plethora of
judgments.
(a) the premises in question were let out for residential
purpose or commercial purposes [as per the law laid down by
the Hon'ble Supreme Court in Satyawati Sharma v. Union of
India and another, 148 (2008) DLT 705 (SC),]