DAL CHAND Vs. VII ADDITIONAL DISTRICT JUDGE AGRA

JUDGEMENT

(1.) WRIT petition No. 11891 of 1982 is directed against the order dated 30 -4 1982 passed by the VII Additional District Judge, Agra, herein Respondent No. 1, partly allowing the application of the landlord under Section 21 of U.P. Act 13 of 1972, hereinafter referred to as the Act. The Prescribed Authority by order dated 20 -8 -1975 released the ground floor portion of House No. 6/323, Belanganj, Agra which was in occupation of Jagdamba Prasad Nigam who has been running a shop of Engineering Works. Feeling aggrieved against the order dated 20 -8 -1975, an appeal was filed by the Petitioner which was dismissed by Sri U. S. Agarwal, III Additional District Judge, Agra vide his judgment dated 11 -11 -1978. The judgment was set aside by this Court in writ petition No. 10428 of 1978 by order dated 26 -2 -1979 and the appeal was remanded for fresh disposal with the following directions:

(2.) THE premises 6/323 Belanganj, Agra is a double storeyed building, the ground floor of which comprises of two inter -connected rooms which are in possession of the tenant. The first floor of the building is occupied by the landlord's family consisting of Dal Chand himself, his wife, son, daughter -in -law, three grand children and one married daughter having two children. The accommodation at the first floor is comprised of two big rooms two small rooms three side kotharis. kitchen, Sehan and a Barsati on the roof of the first floor. The accommodation was required by the landlord on two grounds. Firstly that the landlord is an old man of 67 years of age and a rheumatic patient and his wife is also a patient of high blood pressure and suffering from heart trouble They are not physically capable to climb the stairs and they have been advised to live on the ground floor. The second ground was shortage of accommodation considering size of the present family as also their growing needs. It was further alleged that the tenant owns two big buildings bearing Municipal No. 6/218, Madar Gate and 27/118, North Vijay Nagar Colony, Agra. Besides these two houses, the tenant has in his occupation two Railway Bridge Arches for business purposes and the business can conveniently be shifted to any of these buildings.

(3.) THE learned VII Additional District Judge held that considering the strength of the family members of the landlord and their status, the present accommodation was not sufficient to meet their requirements. The learned Judge also found the need to be bonafide and genuine on their second ground for medical reasons, and held that the landlord has a bonafide need for releasing the accommodation at the ground floor so that they may live comfortably without risk to their health. However, considering the hardship, it has been held that since the tenant is using the two room accommodation for business purposes where lathe machines are fixed on the eastern side having no ventilation and no independent access, this room would not be suitable for residential purposes and the business can not be shifted to either of the two houses indicated by the landlord. In House No. 27/118 Vijay Nagar Colony, the factory can not be established being a residential house and House No. 6/218, New Madar Gate is in possession of a tenant. The arches under the Railway bridge also can not be used for business purposes as the Railway authorities have not permitted the tenant to instal electric connection. The suggestion that the tenant may get a plot allotted in Foundary Nagar to shift his business would also not be possible as no allotment of plot exists in his favour nor it would be possible to shift the business without making heavy investment in the construction of the building. The learned Judge considering the requirements of both the parties directed the division of two rooms by a partition wall and released the front room in favour of the landlord and also providing a gallery of five feet width for the access of the tenant to the eastern room where his business is housed.