MIZAN SINGH Vs. MUNNI GOEL

JUDGEMENT

(1.) THE landlady/opposite party filed an applica­tion under section 21 (1) (a) of the U.P. Act No. 13 of 1972 for the release of the accommodation in the occupation of the tenant on account of her personal need for her family members.

(2.) THE landlady contended that she had four rooms in her occupation on the first floor of the building which comprised of two bed rooms, one dining room and one drawing room apart from a kitchen and a bath room. The land­lady contended that she is about 75 years old and her husband is 78 years old and, on account of old age and, being arthritic, it had become very difficult for her to climb the stairs leading to the first floor. Further, her husband was op­erated for prostrate and her husband had been advised not to climb the stairs after the operation. Other than that, the landlady's son, daughter-in-law and a 15 year old grandson were also residing in the same premises and a separate room was also required for the growing need of the grandson. On the other hand, the tenant was living in the accommodation on the ground floor and, over the years, had made additions and alterations in the said accommodation and had also started a dairy business. The landlady submitted that the tenant and his family members, over the years, had occupied a commercial as well as a residential building in the same municipality and, therefore, there was no dif­ficulty for the tenant to shift in his own premises.

(3.) ON the other hand, the tenant submitted that pursuant to the family settlement dated 6th January, 2003, the flat in the name of his wife Bano Devi was transferred to his son on 15th July, 2006 and that another son Virendra Singh who was in the army had sold his residential portion to a third party on 1st September, 2006. The tenant also gave evidence to the effect that four flats of two rooms each were let out by the landlady to different persons during the pendency of the proceedings and, in that light, submitted that the need of the landlady for the release of the accommodation in question was a farce.