JAGAT PRASAD Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) PRESENT petition is filed assailing the judgment and order dated 17.09.2003, passed by the Addl. Sessions Judge, Dehradun, in Rent Control Appeal No. 140 of 2001, Col. Chandra Prakash (Retired) Vs. Jagat Prasad @ Jagat Prakash, whereby appeal filed by the landlord was allowed and tenanted property in possession of the tenant/ petitioners herein, was directed to be released in favour of the landlord and petitioners were directed to handover the vacant possession of the tenanted property to the landlord within one month.

(2.) BRIEF facts of the present case, inter alia, are that landlord respondent no. 2 herein, was serving in Indian Army, however, he stood retired from the Indian Army on 31st March, 1990 and thereafter started living at Faridabad, Haryana with one of his sons. Landlord respondent no. 2 herein, moved an application being P.A. Case No. 43 of 1999, under Section 21 (1) (a) of the U.P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972, (hereinafter called as the U.P. Rent Act, 1972), for the release of the tenanted premises saying that after the retirement from the Army, landlord got released different portions of the same building from other three tenants; building is old construction; since weather of Dehradun suits to him, therefore, he wants to shift at Dehradun to reside permanently at Dehradun; after getting the tenanted portion released in his favour, he will demolish it and raise new construction on the entire plot no. 81 and thereafter shall start residing therein.

(3.) LANDLORD has further stated in the application that since his son is an Army Officer, therefore, his wife (daughter in law of the landlord) will also stay with the landlord in the newly constructed building alongwith her children, so that they may get education in Dehradun. Further, case of the landlord is that he shall also start Security Agency business in the building after getting it reconstructed.