MAHADEO Vs. RAHAMATULLAH

JUDGEMENT

(1.) This writ petition is directed agafnst the order dated 25.3.1996 passed by the Prescribed Authority allowing the release application filed by the landlord-respondent No. 1 and the order of the appellate authority dated 14.5.1999 dismissing the appeal against the aforesaid order.

(2.) Respondent No. 1 filed an application for release of the disputed accommodation under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (in short the Act) with the allegations that his family consists of 21 members and he requires the disputed accommodation for residential purposes. He is residing on the first floor of House No. 24/133 situate in Mohalla Khwajpura, Varanasi. which is hardly sufficient for 21 members of his family. The petitioner contested the application alleging that the landord has sufficient accommodation in House No. 24/133. The Prescribed Authority, on consideration of material evidence on record, came to the conclusion that the need of the landlord was bona fide for the disputed accommodation for residential purposes keeping in view large number of his family members and he will suffer a greater hardship in case his application was rejected. The petitioner preferred an appeal, which was dismissed on 26.3.1996. He filed Writ Petition No. 13538 of 1996. This Court allowed the writ petition on 16.11.1998 and remanded the matter to consider the applicability of Section 29A of the Act and also to record a finding as to whether Abdul Wahid, another tenant of the landlord of House No. G-24/96 had vacated his accommodation and delivered possession to the landlord. The appellate authority, after remand considered the matter and dismissed the appeal on 14.5.1999.

(3.) Sri K. R. Slrohi. learned counsel for the petitioner has submitted that the petitioner had taken an open piece of land on rent from respondent No. 1 and threafter had constructed the boundary wall and tin shed from his own pocket. He is not liable for eviction in view of Section 29A of the Act. This Section was introduced by U. P. Act No. 28 of 1976 with a view to extend same protection available to the tenants of a building, to the tenants of land on which the building exists. Section 29A (1) of the Act reads as under :