ARUN KUMAR Vs. SHIV SHANKER PANDEY

JUDGEMENT

(1.) Heard Counsel for the parties and perused the record. This writ petition has been filed by the petitioners challenging the validity and correctness of the judgment and order dated 13.9.2010 passed by the Additional District Judge, Court No. 2, Allahabad in Rent Control Appeal No. 79 of 2006, Arun Kumar and another v. Shiv Shankar Pandey and others whereby the appeal of the petitioners was dismissed by affirming the judgment and order dated 17.5.2006 passed by the Prescribed Authority/Additional Civil Judge (Senior Division), Court No. 13, Allahabad in P.A. Case No. 24 of 1998, Shiv Shankar Pandey v. Shyama Prasad Srivastava and others. By order dated 17.5.2006 P.A. Case No. 24 of 1998 of the landlord-respondent No. 1 was allowed releasing the accommodation in dispute in his favour.

(2.) Brief facts of the case are that the house in dispute was a single unit residential accommodation let out on rent to Sri Bhageshwari Prasad, the grand father of the petitioners and after his death his four sons namely, Chandrika Prasad, Tara Prasad, Kamta Prasad and Lalta Prasad succeeded the tenancy rights. Chandrika Prasad died issue-less whereas Tara Prasad died leaving behind Shyama Prasad Srivastava and his other three sons. The tenancy rights were succeeded by all the sons of late Tara Prasad, who were residing in the said tenanted accommodation along with other two sons of late Bhageshwari Prasad namely Lalta Prasad and after the death of Lalta Prasad, his tenancy rights were devolved upon his widow and three sons namely, Smt. Lal Marti Devi, Prabhat Chandra Srivastava, Prakash Chandra Srivastava and Subhash Chandra Srivastava. Kamta Prasad also died and his tenancy rights were succeeded by his three sons namely, Someshwar Prasad, Hari Mohan and Kailash Bihari. It appears that subsequently the house in dispute was partitioned between the heirs of the landlord which was numbered as house Nos. 179-B and 179-C although the entire house and tenancy is single succeeded by the heirs of original tenant namely Bhageshwari Prasad.

(3.) Respondent No. 1 filed release application under section 21(1)(a) of U.P. Act No. 13 of 1972 in the Court below for release of house No. 233 on the ground that his younger son wanted to shift along with his family therein as there was no sufficient accommodation in house No. 208, Old Bairahana where the landlord-respondent No. 1 is residing.