SHARBATI DEVI Vs. IST ADDITIONAL DISTRICT JUDGE, DEHRADUN

JUDGEMENT

(1.) THE present petition is directed against the order of Ist Additional District Judge, Dehradun, dated 1.8.1988 whereby the release application of the landlord under Section 21(I)(a) of the Act in respect of premises No. 52, Maliyan Mohalla, Dehradun, consisting of two rooms in the ground floor, has been rejected.

(2.) THE Prescribed Authority allowed the release application and found that the need of the landlord is genuine and bonafide and on comparison of hardship the landlord would be put to greater hardship. The tenant has acquired an accommodation at Patelnagar and the alternative accommodation is available to them.

(3.) THE appellate Court held that the total five rooms are needed for living of the above strength of the family of the landlord. In my opinion, considering the accommodation available with the landlord, the number of family members their present need of accommodation as also their growing need, which should also be relevant consideration, in considering the bonafide need, the accommodation at their disposal is wholly insufficient. The learned Judge has committed manifest error in holding that five rooms would be sufficient to accommodate the entire family. There are nine adult members whose occupation cannot be denied along with four children. In my opinion the finding, in these circumstances, by the learned Judge, that the landlord does not require any additional accommodation, cannot be sustained. The finding of the Learned Judge that the need of the landlord is not bonafide and genuine, is not borne at from the material on record and is manifestly erroneous.