KHWAJA BUX Vs. NAZAR ALI AND ANOTHER

JUDGEMENT

(1.) List has been revised. No one has appeared on behalf of the Respondents. Heard learned Counsel for the Petitioner and perused the record.

(2.) A release application under Section 21 (1) (a) of U.P. Act No. 13 of 1972 was filed by the Petitioner landlord which was registered as U.P.U.B. Case No. 35 of 1988 with the allegation that the Petitioner is owner and landlord of Building No. 12/95, Chowk Bundu Khan, Aligarh. A portion of the said building consisting of a room, a dalan and a sahan is in tenancy of Respondent on rent of Rs. 15 per month. The remaining portion was in occupation of other tenants namely Fazul Rahman and Zafruddin. The family of the Petitioner-landlord comprises of himself, his wife, 4 sons and 5 daughters. The eldest son Alimuddin was married when the release application was filed and his family comprises of his wife, a son and a daughter. Thus, there were in all 15 members in the family of the landlord. They were living in house No. 9/15, Tantan Para, Aligarh which comprises of 3 horse sheds on the ground floor out of which one is said to be in dilapidated condition and two others are also not habitable and are being used as store house for his manufactured goods. On the first floor, there are three rooms, a latrine and a kitchen, in which the entire family of the landlord Petitioner consisting of 15 members is living. The landlords claimed that they are in urgent need of additional residential accommodation and the portion in possession of the Respondent tenant is bona fide required by the landlord. On the other hand, the landlord Petitioner further claims that Respondent tenant had built two houses, one at mohalla Jangal Garhi and the other at Miya Ki Sarai, Delhi Gate, Aligarh ; that the tenants are residing in the house at Jangal Garhi and are keeping the disputed house locked.

(3.) The Respondents tenants contested the release application by filing a written statement in which it was alleged that the Petitioner can use ground floor portion of building No. 9/15, Tantan Para, Aligarh by repairing horse-sheds and by raising constructions on the first floor. It was further suggested that the Petitioner can satisfy his need by making constructions over open land. Though it was admitted that Respondent tenant is owner of building in Jangal Garhi but it was alleged that the same is being used in connection with his business of manufacturing locks and other articles.