SHRI DAU DAYAL Vs. ADDITIONAL DISTRICT JUDGE, ALIGARH

JUDGEMENT

(1.) This is a tenant's writ petition against an appellate order whereby the appellate Court allowed the landlord's appeal and permitted eviction of the tenant-petitioner.

(2.) The landlord-respondent came with the allegations that he alongwith his wife and two children were living in his parental house situated in Mohalla Mamubhaja alongwith his parents. The family of his elder brother consisting of three children, a married sister, an unmarried sister and an unmarried brother were also living in the same house and accommodation in possession of the landlord was, therefore, insufficient. It was also urged that the relation between his wife and mother had become strained and so it had become necessary to live separately and as no other accommodation was available he wanted the disputed premises in the tenancy of the petitioner vacated.

(3.) The tenant, petitioner contested on the ground that there was no strained relations between the respondent's mother and wife and that the respondent had got a three storied house in Mamubhanja consisting of 15 rooms and the entire house was in possession of the respondent and got his family members. It was alleged that besides this the respondent had another house in Brahmanpuri. It was alleged that the petitioner was in possession of the disputed accommodation situated in Mohalla Mamubhanja consisting of first and second floor for 15 years. It was also alleged that the remaining portion was in possession of the respondent and was living vacant.