ASHFAQUE BROTHER Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard counsel for the petitioner, Sri R.P. Pandey appearing for caveator respondent and perused the record.

(2.) Landlady respondent No. 3 filed an application under section 21(1)(a) of U.P. Act No. 13 of 1972, which was registered as Rent case No. 2 of 2008, for release of the accommodation under tenancy of the petitioner inter alia on the ground that her family consists of nine members; that she is living with her family in a room measuring 10 x 10 feet with courtyard, kitchen, latrine and bathroom in house No. 132/50, Babupurwa,Kanpur; that she does not own any other house; that petitioner tenant is residing in the house in question on monthly rent of Rs. 30/-; that petitioner tenant is having his own vacant house No. 131/303, Begumpurwa, Kanpur Nagar which is situated at a distance of 50 yards only from the house in question; that she needs the accommodation in question so as to live with her family and that petitioner tenant will not suffer any hardship if the accommodation in question is released in her favour. It was also stated that the petitioner is a very bad pay master of rent and recently the rent for the period 25.8.1999 to 25.11.2007 was paid by him through postal money order which she has received.

(3.) The petitioner tenant contested the release application by filing his written statement in which he admitted that he owned house No. 131/303, Babupurwa, Kanpur Nagar but submitted that there is no residential accommodation in that house comprising of two rooms and he is doing tailoring work there.