SHANKARI DEVI Vs. DISTRICT JUDGE

JUDGEMENT

(1.) BY the present writ petition, the petitioner has challenged the order passed by the Prescribed Authority as well as the Appellate Authority by which the release application under Section 21(1)(a) of the U.P. Act No. 13 of 1972 has been rejected.

(2.) BRIEFLY stated, an application was filed by the landlord Shankari Devi praying for the release of the premises situated at Aam Parav, Indira Nagar, Ward No. 3, House No. 54 Kotdwar, District Garhwal (Uttaranchal). The landlord Smt. Shankari Devi has filed an application that there are two shops, two rooms, one latrine, one gallery and verandah. The respondent No. 3 is occupying one shop as tenant since 1.1.1988 @ Rs. 350/ - per month. The three grand sons of the landlord are major and are completely unemployed. The landlord has stated that she was employed at the health department and after retirement she is receiving pension. She did not receive sufficient fund after retirement and, therefore, she wants to get one of her grand son Durga engaged in the shop. It was also stated in Paragraph 10 that the tenant had already taken shop on 1.7.1996 in the market itself, in the name of Anjali Studio and Video Films and, therefore, hardship also lies in favour of the petitioner rather than the respondent -tenants.

(3.) THE Prescribed Authority vide his order dated rejected the application on the ground that the same is not maintainable in view of the judgment of the Apex Court in the case of Nutan Kumar and Ors. v. IInd Additional District Judge and Ors. reported, 2002 (2) Allahabad Rent Cases 645. The Prescribed Authority has failed to consider the requirement of the landlord.