NAZIR AHMAD Vs. ABDUL RAJJAK AND OTHERS

JUDGEMENT

(1.) THE petitioner is a tenant in a part of accommodation of House No. 214, Rajapur (Unchwa), Allahabad, opposite party No. 1 is the landlord. An application for release under Section 21(1)(a) of U.P. Act No. XIII of 1972 was filed on the ground that the tenant was in occupation of one room, one verandah, one court yard and a bath room. The accommodation in possession of the landlord consisted of a tin roofed small room, one Dalan and a court -yard. On the date of filing of the application, the family of the landlord consisted of his own -self, wife, four sons and two daughters. During pendency of the appeal, one of the sons got married and as such there was an addition in family of the landlord. The total accommodation in his possession was quite insufficient to meet the requirement. They were living in a miserable condition. He is a peon in the Geep Industrial Syndicate Pvt. Ltd. Allahabad and has a very meagre income. If the accommodation in possession of the tenant was released then that will serve the requirement.

(2.) THE petitioner filed his written statement stating that material concealment, relating to the accommodation in possession of the landlord, has been made in the release application. The landlord was in possession over half share of house No. 209 and also house No. 551 -D situate in the same locality. His need was not bona fide.

(3.) THE learned counsel for the petitioner has contended that the Appellate Authority has not taken into consideration the entire evidence before allowing the appeal. But the learned counsel has failed to point out specifically the material evidence said to have been ignored by the Appellate Authority. He contended that there were two other houses in which the petitioner had his share. They were situate in same Mohalla which could satisfy the need of the landlord. He made a reference to house Nos. 209 and 55 -D.