NISAR AHMAD Vs. IST ADDL DISTRICT JUDGE FAIZABAD

JUDGEMENT

(1.) THIS petition challenges the orders passed by the prescribed authority under U.P. Act 13 of 1972 and the order passed by the Additional District Judge in appeal.

(2.) THE opposite parties 3 and 4 are the owners of the property 8/8/4, nazool No. 196 in chak No. 14 in raohalla Dal Mandi, Faizabad. According to them, the house belonged to Smt. Basiran and they purchased it for Rs. 15,000/ - on 16 -2 -1978. The Petitioner No. 1 was a tenant of the property at Rs. 15/ - per month as rent. He, it is alleged, sub -let a part of the property to Maqool. The condition of the house is dilapidated but the tenants did not permit it to be inspected. The opposite parties claimed that they had no other accommodation in their possession and were living with one Mohammad Siddiq. It is also stated that the Petitioner had also purchased another house. A notice was given to the tenants which was answered by them.

(3.) PARTIES produced evidence before the prescribed authority. It found that the landlord required the property bona fide for his own use; that the house had been sub let to Maqbool and, therefore, the landlords had the comparative need in their favour. The application was, therefore, allowed.