KOMAL Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THIS writ petition has been filed by the tenant/petitioners under Article 226 of the Constitution of India praying for quashing the order dated 12 -9 -2002 (Annexure -16 to the writ petition) passed by the Prescribed Authority, Pauri Garhwal and the order dated 26.2.2004 (Annexure -18) passed by the appellate authority (Additional District Judge, E.T.C.) Pauri Garhwal.

(2.) APPLICATION for release of the building unde occupation of the tenant was filed in the year 1991 by respondents 3 to 6 under section 21 (I -A) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction ) Act, 1972 (for short 'Act') with the allegation that applicant no. I (respondent no,3) employed in government service will retire on 31 -8 -1991 on account of superannuation and will have to vacate the government accommodation' occupied by him for residential purposes; that no other house of the applicant is situate within the limits of Nagar Palika Parishad, Sri nagar where he may reside with his family members and that the tenant -respondent no. l shall not suffer any hardship in view of the fact that respondent no. 1 has his own house in Mohalla Agency of the town of Srinagar and other available accommodation for residential purposes. It was further alleged that the tenants have been letting out their houses and that they have sufficient alternative accommodation to reside with their families comfortably.

(3.) THE tenanted premises is situate in village Upper Bazar Sri nagar and it is a three story building having one room on the ground floor, seven rooms and two Nemdari ( balcony in front of the room) on the first floor and two Dhaipurc ( half tin roofed open structure). Out of this accommodation the applicant had prayed for release of seven rooms and two Dhaipure in his favour and eviction of the tenant. 4. The application for release was resisted on the ground that the applicant has two houses in village Dang one of which was constructed after the applicant no. 1 was retired from service and two tenants are residing in it. In other house of the said village the applicant is residing with his family members and his razed is neither genuine nor bonafide.