LATIF KHAN Vs. AMAN ULLA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the respondent caveator. This petition is directed against concurrent orders dated 22.7.2008 and 11.6.2010 by which both the Courts below have allowed the release application of the respondent landlord.

(2.) The respondent landlord filed release application No. 71 of 2005 under section 21(1)(a) of U.P. Act No. 13 of 1972 inter alia with the allegation that the family of the landlord consists of 14 persons including married couples and college going children and were forced to make do with 7 rooms out of which two were in the occupation of his brother and there was no place for studies for the children or for his daughters who were running coaching classes and also for the chamber of his lawyer son etc. while the petitioners were tenant in the adjoining house of the respondent landlord and they have other accommodation available where they can shift without any difficulty as they have a very small family. It was also disclosed that earlier also he had filed a release application in 1997 which was dismissed but the circumstances changed, the family increased and the other building available lies in a dilapidated condition.

(3.) The petitioner tenant contested the application firstly urging that the second release application for the same need was not maintainable and the landlord has two other houses No. 50 and 51 which can be utilized for him as he already has 7 rooms etc. and other accommodation was also available. It was also asserted that he has no other place to shift and in case the application is allowed, he will suffer greater hardship.