RAMESH CHANDRA PANDEY Vs. NANDI DEVI & OTHERS

JUDGEMENT

(1.) By means of this writ petition, the petitioner has prayed for to issue a writ or direction in the nature of certiorari for quashing the impugned judgment and order dated 15.06.2004 passed by District Judge, Almora in Rent Appeal No. 01 of 2001 whereby the application for release, filed under Section 21 (1)(a) of the U.P. Act No. 13 of 1972 was allowed in favour of the applicants/respondents.

(2.) Relevant facts giving rise to the present writ petition are that husband of respondent No. 1 and father of respondent Nos. 2 to 5 Gopal Dutt Pant filed an application under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short 'Act No. 13 of 1972) for releasing the accommodation in question before the Prescribed Authority alleging therein that he is the landlord of House No. 3 situated at Shridhar Ganj, Ranikhet, comprising three rooms in which opposite party/petitioner is the tenant.

(3.) It has further been alleged that the ground floor is the disputed premises and on the first floor the landlord is living with his family in three rooms. According to the landlord, his family consists of his wife Nandi Devi, three married sons Akhilanand, Kailash Chandra and Prakash Pant and their wives. Ahilanand has four sons, Kailash Chandra has one son and one daughter and Prakash Pant too has one son and one daughter. It has further been alleged that out of sixteen family members, except his two sons, namely, Kailash Cnahdra and Prakash Pant, who are living at Ramnagar with their families, eight family members including the landlord are living in the aforesaid house, while his sons along with their family visit Ranikhet from time to time.