LAWS(SC)-2008-7-12

DEEP CHANDRA JUNEJA Vs. LAJWANTI KATHURIA

Decided On July 10, 2008
DEEP CHANDRA JUNEJA Appellant
V/S
LAJWANTI KATHURIA(DEAD)THROUGH L.RS. Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 06.02.2004 passed by the learned Single Judge of the High Court of Judicature at Allahabad dismissing the writ petition filed by the appellant-tenant. Challenge in the writ petition was to the order passed by the prescribed authority as affirmed by the learned Additional District Judge, Court No. 1, Kanpur Nagar (Appellate Authority) allowing the release application of Smt. Lajwanti Kathuria respondent-landlady.

(2.) Facts, in brief, leading to the origin of this case, are as under :-

(3.) The release application was contested by the appellant-tenant by filing written statement and denying the claim of the landlady. He, inter alia, took the stand that the claim of the landlady was not bona fide and genuine and the release application has been moved with the mal-intention of harassing him. It was also alleged that the sons of the landlady were residing with her and the landlady did not need more accommodation because other tenants who were living in the building had vacated the accommodations, which were again let out by her to new tenants on higher rent. He also stated that the landlady was having one more house No. 377, N-2 Road, Lal Bungalow, Harjinder Nagar, Kanpur.