CHANDRA KUMAR ALIAS NANNHEY Vs. CHIRUNJI LAL

JUDGEMENT

(1.) Heard Sri P.N. Saxena, learned senior advocate assisted by Sri Amit Saxena for the petitioner and Sri Manoj Misra, learned Counsel for the contesting respondents.

(2.) This petition is directed against an appellate order dated 30th March, 2000 by which an application for release of the disputed accommodation has been rejected and the order of the prescribed authority allowing it has been set aside.

(3.) The relevant facts for consideration of this petition are that the petitioner filed an application for release under Section 21(1)(a) of the U.P. Act No. 13 of 1972 (hereinafter referred to as the "Act") before the prescribed authority in April, 1992 for the release of the disputed accommodation and it was registered as P.A. Case No. 2 of 1992. The application was filed inter alia with the allegation that the father of the petitioner, late Ram Lal, was the owner of the disputed premises where the contesting respondent was a tenant. The father of the petitioner gifted the said property to the petitioner through a registered gift deed dated 5.6.1985 whereafter he became its owner and landlord. It was further pleaded that the petitioner was living alongwith his family in one room tenanted tenement where he also had his shop of sweetmeat and in the rear portion his family of nine adult persons including he himself, his wife, four sons, two daughters-in-law and one daughter were residing with great difficulty, while the tenant after purchasing a vacant plot of land at Tubewell Road in Sarai Miran had made construction thereon and had also enclosed the area which could be used for his own family.