MOLIYA DEVI AND KM. BEENA Vs. ADDITIONAL DISTRICT JUDGE 4TH FAST TRACK COURT DEHRADUN & SHRI SRIRAM AGARWAL

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have chal­lenged the order dated 24.09.2003; passed by Additional District Judge/ 4th Fast Track Court, Dehradun, whereby rent appeal no. 100 of 2002 has been allowed.

(2.) BRIEF facts of the case, as nar­rated in the writ petition, are that the petitioners along with Anil Kumar, are tenants in house-6/3 Old Dalanwala (Old No. 3/2 Old Dalanwala), Dehradun from the time of late Mot! Lal (husband of the petitioner no. 1 and father of petitioner no. 2). It is alleged that the area of the room is 12.6 feet x 11.6 feet and the rate of rent is Rs. 70/- Per month. Respond­ent no. 2, the land lord of the house in question, moved an application on 28.06.2001 under section 21(1), (a) of U.P Act, 13 of 1972 for release of the house in question. The said ap­plication was registered as PA. case No. 57 of 2001. The land lord alleged that he needs the house for the busi­ness of his son, Shri Shravan Kumar. It is further alleged by the landlord, before the prescribed authority that he has five daughters and when they visit him, he needs space to accom­modate them.

(3.) I heard learned counsel for the parties and perused the affidavit, counter affidavit along with the annexures annexed thereto.