TIRATH RAM KHANNA Vs. RATAN SINGH

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) The brief facts of the case are that late Thakur Barjor Singh father of Respondents No. 1 and 2, moved an application Under Section 21(2)(a) of U.P. Act No. 13 of 1972 for release of accommodation in dispute consisting of two rooms and one verandah on the first floor of premises No. 111 and A/189 Ashok Nagar, Kanpur Nagar. The release application was contested by the tenant-Petitioner Tirath Ram Khanna by filing written statement denying genuine and pressing need of the landlord. The release application was allowed by Judge Small Cause Court vide its judgment and order dated 25.10.1999. Feeling aggrieved by the order dated 25.10.1999, Petitioner filed Rent Control Appeal No. 164 of 1999, Tirath Ram Khanna v. Thakur Barjor Singh before the District Judge, Kanpur Nagar.

(3.) The contention of learned Counsel for the Petitioner is that Sri Kapil Deo and other tenant in a portion of the house in dispute vacated the portion in his possession and another portion consisting of two rooms, kitchen, verandah and bath-latrine was vacated by tenant Shri Narain which are now in the possession of Respondent. It is further stated by the Petitioner that one Gur Prasad Anand who was also a tenant of premises in dispute on ground floor consisting of three rooms, kitchen, bath-latrine expired and his family has subsequently shifted to Lucknow giving vacant possession of the said tenanted portion to the landlord, as such, the landlord now has sufficient accommodation in his possession and no genuine and bona fide need of the landlord-Respondent remains existing for the tenanted portion of the Petitioner.