SHANTI LAL CHADDHA Vs. AMRAWATI

JUDGEMENT

(1.) This is a tenant's petition directed against concurrent orders passed by the courts below allowing an application filed by Respondent No. 1, the landlord of the premises, of which the Petitioner was his tenant, under Section 21(1)(a) of U.P. Act No. XIII of 1972.

(2.) The relevant facts are these. The landlord filed an application under Section 21(1)(a) of the U.P. Act No. XIII of 1972 for the release of the premises in question which consisted of two rooms, a closed verandah, a sahan and a bath room etc., The accommodation in dispute is part of a building No. 4/219 situate in Bomenji Road Saharanpur, in the remaining portion of which the landlady herself is residing with her family. The application was filed on the allegation that the landlord's family consists of 23 members. Some of the members of the family have been married since the letting out of the accommodation to the tenant Others have to be married shortly. Two of the members have been married in February and December, 1976. Besides the husband of the landlady was a patient of heart and has been advised to reside in some ground floor accommodation These various circumstances have made it necessary for the landlady's family to have additional accommodation. The need of the landlady was genuine and pressing and in comparison to the tenant, the landlord would suffer greater hardship.

(3.) The application was contested by the Petitioner, who denied that the landlady bonafide required the accommodation in dispute. The tenant asserted that the landlady had several other properties which could satisfy her needs, if any. As for himself, the tenant asserted that he would suffer irreparable loss and hardship if he were evicted from the accommodation in dispute.