GULABI DEVI Vs. KAMLESH KUMAR PAL

JUDGEMENT

(1.) This petition has been filed by the tenant Gulabi Devi for quashing the order dated 24th February, 2010 passed by the Prescribed Authority by which the application filed by the landlord Kamlesh Kumar Pal under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') for release of the tenanted accommodation was allowed. The petitioner has also sought the quashing of the judgment dated 17th July, 2010 of the Additional District Judge, Court No.5, Varanasi by which the appeal filed by the tenant against the aforesaid order of the Prescribed Authority was dismissed.

(2.) The release application was filed by the landlord under Section 21(1)(a) of the Act claiming himself to be the owner of the accommodation in dispute with the petitioner as his tenant who was residing in a portion of House No.B-27/5, Durgakund, Varanasi. It was interalia stated that the family of the landlord consisted of himself, his wife, his father, one son and two daughters; that the applicant was a lawyer practicing in the District Court; that his son was a student of B.A.M.S. and was studying in second semester; that his elder daughter was married but was staying with him as she was studying in B.Sc. Final Year and his younger daughter was studying in B.Com. First Year; that the landlord bonafide required the tenanted accommodation for his chamber, room for his old father, drawing room and guest room. On the other hand, the tenant had sufficient accommodation in the city and the landlord was likely to suffer greater hardship than the tenant in case the tenanted accommodation was not released.

(3.) Initially, the application filed by the landlord was allowed ex-parte by the order dated 31st May, 2004 but the recall application filed by the tenant was allowed. The tenant thereafter filed objections to the release application filed by the landlord. It was stated that the landlord was not the owner of House No.B-27/5, Durgakund, Varanasi and the sale deed dated 9th February, 2001 by which the landlord claimed ownership was void ab-initio. The petitioner also asserted that her daughter Gita Devi was the owner and landlord of House No.B-27/5, Durgakund, Varanasi and as such the application filed by the landlord was not maintainable and liable to be rejected. It was also asserted that the landlord did not bonafide require the accommodation.