NIDHI Vs. RAM KRIPAL SHARMA (D) THROUGH LRS.

JUDGEMENT

(1.) This appeal by way of special leave is preferred against the order dated 23.01.2013 passed by the High Court of Judicature at Allahabad in Writ Appeal No.19835 of 2003, wherein the High Court affirmed the order passed by Additional District Judge, Moradabad, thereby setting aside release order dated 29.10.1991 passed by the Prescribed Authority.

(2.) Brief facts of the present case are that the appellant is the owner and landlord of the premises in question, which is a non-residential accommodation. Allegedly, the premises was let out by ancestors of the appellant's family when they did not require the premises for personal use as the previous owner of the accommodation Smt. Krishna Devi wife of Kunwar Mahendra Pratap Singh had adequate place to reside in. After the demise of Smt. Krishna Devi, appellant Nidhi became the owner of the premises in question and continued to receive rent from the respondent. The appellant filed a release application being PCS No.97 of 1987, under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as U.P. Act XIII of 1972), seeking possession of the suit premises on the ground of her bona fide personal requirement. The appellant alleged that she is in need of the premises as the appellant wants to accommodate her grandparents in the demised house who live in village and are in need of care and medical treatment. Moreover, the appellant alleged that she and her younger sister required separate room for study. It was alleged that the respondent carries out the said hotel business for namesake only and is being carried out by the servant of the respondent. It was further alleged by the appellant that the respondent's main business is that of a sweet shop and he has sufficient means to take some other place on rent to run his hotel business.

(3.) Respondent-tenant admitted the tenancy in the property in dispute and resisted the application for release of accommodation, claiming that the appellant and her sister live in a big house called Kath Mahal which has sufficient space comprising of large rooms and large halls. It was averred that the grandparents of the appellant are big landlords in the village and live in a palatial house there and they are unable to climb stairs in the suit premises. Also, the alleged business of sweet shop is run by his son and the entire family is dependent upon the income from hotel business.