ANJANA BISHT Vs. MAAL SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present petition has been filed by the petitioners challenging the order dated 1/5/2010 passed by learned Prescribed Authority/Civil Judge (Sr. Div.) Pauri Garhwal in Rent Execution Case no.06/2009, "Maal Singh Vs. Smt. Anjana Bisht and others" whereby the petitioners have been directed to handover the possession of the property in dispute to the respondent.

(3.) Brief facts of the case, as narrated in the writ petition, are that the respondent is landlord of house no.92 situated at Danda Pani, Pauri Garhwal. The petitioners are the tenants of the respondent since 1983 @ Rs.500/- per month. The petitioner no.1 is a widow lady and has two minor sons who are living in premise in question. On 30.12.2003, the respondent filed an application u/s 21(1) A of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (herein after called Act, 1972) before learned Prescribed Authority/ Civil Judge (Sr. Div.) Pauri Garhwal against the husband of the petitioner no.1 for eviction from the premise in question on the ground of bonafide need. The said application was registered as P.A. No.56 of 2003, "Maal Singh Vs. Sri Harender Singh Bisht". During the pendency of the aforesaid application husband of the petitioner no.1 died on 05.06.2004 and the petitioners were substituted as respondents in the aforesaid application vide order dated 19.06.2004. The learned Prescribed Authority/Civil Judge (Sr. Div.), Pauri Garhwal allowed the application of the respondent vide order dated 27.02.2006 and petitioners were directed to vacate the premises in question within one month and hand over the possession of the same to the respondent.