SHIV CHARAN Vs. KAPOORI DEVI AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and Counsel for the respondent caveator. This petition is directed against concurrent orders dated 22.11.2008 and 7.4.2010 by which the release application filed by the respondent landlord against the petitioner has been allowed by both the Courts below.

(2.) The respondent landlord filed a release application against the predecessor of the present tenants with the allegation, that he was the owner and landlord of half portion of House No. 609 situated at Mohalla Taal, Sadar Bazar, Jhansi after he purchased it from its previous owner vide sale deed dated 12.10.2000 wherein the predecessor in interest of the petitioner was the tenant in a portion of the said house consisting of two rooms. Earlier the landlord along with his family of about ten members were residing in a tenanted House No. 136/31 situated at Mohalla Taal in Sadar Bazar but the same was got vacated by the Cantonment Board in 2003 and therefore, he along with his entire family had to shift to a single room of 10 x 12' which was adjacent to the disputed accommodation and after making some arrangement of a thatched roof, they started leaving there. It was alleged that the tenant's two sons were railway servants while third son was running a business in the name of 'Lalit Idol and Painting Works' and they were in occupation of a huge house along with a Court yard on rent from the Zila Parishad, apart from the fact that he owns a plot at Rajgarh where two big rooms have been constructed. With these basic allegations the release application was filed for release of the disputed accommodation for his and his family need.

(3.) Both the Courts below, after considering the evidence on record, have found that the need of the landlord was both genuine and bona fide and finding that rejection of the application would cause more hardship to the landlords, allowed the application.