LAWS(ALL)-2011-5-224

MALA DEVI Vs. ADDITIONAL DISTRICT JUDGE LUCKNOW BENCH

Decided On May 30, 2011
MALA DEVI Appellant
V/S
Additional District Judge Lucknow Bench Respondents

JUDGEMENT

(1.) Heard Sri Sudhir Pandey, learned Counsel for petitioner and Sri Siddharth Dhaon, learned Counsel for respondents. By means of present writ petition, petitioner challenged order dated 29.5.2006 passed by Additional District Judge, Lucknow in Rent Appeal No. 51 of 2005.

(2.) Facts in brief as submitted by learned Counsel for petitioner are that controversy involved in present case relates to shop situated in House No. 512/102 at 7th Lane, Nishatganj, Police Station Mahanagar, Lucknow, petitioner (Smt. Mala Devi) is owner/landlady. She purchased the House in question by means of registered sale-deed dated 16.8.1993 from it's erstwhile owner and respondent No. 3/Mohd. Haneef is tenant of shop in the said house since 1975, after purchase, landlady moved an application for release the shop in question on 12th July, 2004 (Annexure No. 2 to the writ petition), under section 21(1)(a) of U.P. Act No. XIII of 1972 (hereinafter referred as 'Act').

(3.) In the said application, need as set up by the landlady is that her income as well as income of her husband is not sufficient to meet out the livelihood of her family members as well as family members of her Dewar who are also dependent on them and in order to increase the same, she wants the shop in question.