LAWS(ALL)-1990-8-20

SHREE NIWAS KULSHRESTRA Vs. VITH ADDITIONAL DISTRICT JUDGE

Decided On August 20, 1990
NIWAS KULSFARESTRA Appellant
V/S
VLTH ADDITIONAL DISTRICT JUDGE, DISTRICT ETAH Respondents

JUDGEMENT

(1.) THIS writ petition arises out of proceedings under Sec. 21 (1) a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as "the Act"

(2.) BRIEFLY stated the facts are that the petitioner is a tenant of a double storeyed house v situated in Mohalla Puliva Garbi. Qasba Etah. The ground and first floor of that house bears Municipal No. 315, while the second floor is numbered as Municipal No. 316 (hereinafter referred to as House nos. 315 and 316, respectively). House no 315 was allotted to the petitioner on a monthly rent of Rs 12/-by an order dated 6-9-1958. The petitioner came to occupy the other house as licensee of one Krishna Gopal Sharrna, the erstwhile owner. The accommodation in house no. 313 consists of five big rooms. One varandah, one kitchen, a bathroom, a courtyard and a well on the ground floor. On the first floor there is one room and an. open terrace. On the second floor (i.e. house no. 3161 there are two rooms, a latrine and some other amenities.

(3.) THE petitioner contested the release application. He claimed that one of his married daughter and her two children were also residing with him because his son-in-law who is a supervisor, was not able to kept his family with him, for he was required to supervise four to five districts. Further, a son who is employed at a place called Dhirmai, Etah, at a distance of 6 to 7 kilometres, often visits him and is living with him