RAJESHWARI DEVI SRIVASTAVA Vs. DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) This petition is directed against concurrent orders passed by Respondents Nos. 1 and 2 partly allowing an application for release of a portion of premises No. 11/26 Gwal Toli (Suterganj, Civil Lines), Kanpur.

(2.) These are the relevant facts. The premises in dispute were originally in the tenancy of a firm named Messrs P.D. Gooba & Sons. The Petitioner purchased the premises in dispute from its former owner in the year 1974. After the purchase of the property, the Petitioner moved an application dated 18-9-74 for the release of the premises under Section 16(1)(b) of U.P. Act No. XIII of 1972 on the allegation that she had purchased the property on 19-4-1974. Her husband had retired from service as a result of which he had to leave the official accommodation. The Petitioner and her family did not have any other house available with them for their residence. The tenant Messrs P.D. Gooba & Sons were not themselves occupying the accommodation, but had illegally sublet the various portions of the premises to different individuals. The premises were, therefore, liable to be deemed vacant and as the landlady bona fide required the same for her own use, the same were liable to be released in her favour.

(3.) The former tenant, Messrs P.D. Gooba & Sons filed an objection and asserted therein that the accommodation was not vacant. It was alleged that the in various employees, namely Basdev, Ambika Prasad, Sri Ram Verma, Ram Aneka, Ram Ganesh and Govind Ram were in occupation of the building in question on their behalf. As for G.D. Mehrotra, (the Respondent No. 4 who died during the pendency of the writ petition), it was alleged that he was in occupation of a portion of the accommodation as their licensee, being a "paying guest" of theirs. It was, therefore, denied that the accommodation was vacant.