HIMANSHU CHAUDHARY Vs. IIND ADDITIONAL DISTRICT JUDGE MORADABAD

JUDGEMENT

(1.) YATINDRA Singh, J. The petitioner filed an application under Section 21 (1) of the Urban Buildings (Regulation of Let ting, Rent and Eviction) Act, 1972 (the Act) for release of the premises in dispute. It was alleged by the petitioner in his ap plication that petitioner's family consists of his mother, his wife and his daughter and a room in the ground floor is occupied by his mother, and in a room in first floor is occupied by the petitioner and remaining portion of the building on the ground floor is occupied by heirs of one Sri Mani Ram original tenant (contesting respondents ). It was further alleged in the application that relations between his wife and mother are not very good and there is paucity of accommodation as the petitioners resid ing alongwith his wife and daughter in one room in the first floor. According to the petitioner the contesting respondents have three accommodations are greater hardship will occasion to the landlord than the contesting respondent in case his ap plication is rejected. The Prescribed Authority after considering the evidence on record allowed the application on 10-7-1997. The contesting respondents who are heirs of Mani Ram filed an appeal. This was allowed on 30-5-1998, hence the present writ petition.

(2.) I have heard Sri Rajesh Tandon, Counsel for the petitioner and Sri K. K. Arora, Counsel for the contesting respon dents. The Prescribed Authority had ac cepted the case of the petitioner on the finding that the relations between mother and wife of the petitioner are not good and also on the ground that paucity of accom modation in the family of petitioner and as such his need is bona fide. While consider ing the hardship the Prescribed Authority held that there were three accommoda tions in possession of the contesting respondents. One house No. 67 situate in Punjabi Colony, Chandausi; the second house is also situate in Punjabi Colony which was earlier taken on rent from one Baldeo Raj but later on purchased; and the third accommodations was situate in dis pensary road Chandausi.