PRAKASH Vs. ADDITIONAL DISTRICT JUDGE PRATAPGARH

JUDGEMENT

(1.) Heard Sri Girish Chandra Sinha learned counsel for the petitioner and Sri Ravi Shanker Somvanshi learned counsel for the opposite party no.3.

(2.) The brief facts of the case are that the petitioner is a tenant and the opposite party is the landlady pertaining to House No.42 Mohalla Sahedarpur, Station Road, Town & District Pratapgarh. The courts below have passed the order/judgment in favour of the landlady. Being aggrieved, the petitioner has filed the present writ petition assailing the orders dated 25.03.2006 and 02.05.2009 passed by Civil Judge (Junior Division), Sadar Pratapgarh and Additional District Judge Court No. 2, Pratapgarh.

(3.) With this background, learned counsel for the petitioner Sri Girish Chandra Sinha submits that the aforesaid House No.42 was owned by one Sri Jagannath Halwai and after his death, his widow Smt. Bittan Devi collected the rent from the petitioner, who is a tenant. After sometime, when Smt. Bittan Devi also died, the opposite party no.3, Smt. Sushila Devi claiming herself to be the landlady of the house in question and filed an application for release of the house under Sec. 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter referred to as U.P. Act No. 1972) with the averments that the ground floor of the building is let out to the petitioner along with front portion of the first floor. Learned counsel further submits that the landlady has claimed that she has no other accommodation in the town and she wants her married daughter to engage in a business for livelihood as she wants to start the course of beautician and tuition. The daughter also wants to start nursing school on the ground floor of the premises in question. He further submits that the opposite party no. 3 was in Government service and was posted at Lucknow and then Raibarielly and thereafter she was transferred to Lucknow. At present she has retired and living at Pratapgarh. He also submits that the entire ground floor and front portion of first floor is in the possession of the petitioner, who is a tenant in the said premises and at the ground floor, the petitioner is running the Hotel under the name and style as "Prakash Hotel."