PRABHA ARORA Vs. BRIJ MOHINI ANAND

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 09.10.2006 passed by the Uttaranchal High Court in Writ Petition No. 337 of 2004 (M/S). Heard learned counsel for the parties and perused the records.

(2.) The appellants before us are the tenants of the premises in dispute while the respondents are the landlords. The landlady filed the petition under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The grounds mentioned in the release application of the landlady was that she is a retired teacher getting only a pension of Rs. 538/- per month which is insufficient for her needs. Hence to augment her income she wants to run tuition/coaching classes in the premises in question. The said petition was rejected by the Prescribed Authority, but in appeal the appellate authority (ADJ Dehradun) by his judgment dated 16.03.2004 reversed the order of the Prescribed Authority and allowed the release application. The said judgment dated 16.03.2004 has been upheld by the High Court by the impugned judgment dated 09.10.2006. Hence this appeal.

(3.) It may be mentioned that during the pendency of the appeal before the appellate authority a Trust was created in respect of the property in question vide trust deed dated 04.08.2003 (copy of which is annexed as Annexure P-8 to this appeal).