SHANTI DEVI Vs. SHYAM NATH NAGAR

JUDGEMENT

(1.) Heard Sri K.K. Arora, learned counsel for the petitioners and Sri S.K. Mehrotra, holding brief of Sri Atul Mehra, learned counsel appearing on behalf of the respondents.

(2.) This is a writ petition by the tenants challenging the order of the Additional District Judge, Court no.1, Bijnor, dated 22nd May, 2013 by which the Rent Control Appeal No.01 of 2006, filed by the petitioners against the order of the Prescribed Authority, i.e., Civil Judge, Junior Division, Nagina, Bijnor, dated 24th January, 2006 in Case No. 5 of 1997, Shyam Nath Nagar v. Smt. Shanti Devi has been dismissed.

(3.) Briefly stated, the facts giving rise to the present petition are that the respondents are the owners of the house situated at Basdar Darwaja , Mohalla Gujaratiyan, Kasba, Pargana and Tehsil Dhampur, District Bijnor, owned by late Shyamnath Nagar, who was an employee in the Irrigation Department. The tenanted house was initially let out to Chet Ram Sharma and after his death, the same was being occupied by his wife Smt. Shanti Devi and sons Chandra Prakash and Bhanu Prakash. Sri Shyamnath Nagar, a year before his retirement in 1998 from service, had moved a release application, under Section 21 of U.P. Act No. 13 of 1972 (hereinafter referred to as the 'Act') for release of the house in question. It appears that initially the release application was moved under Section 21(1)(a) of the Act, however, later on in the year 2007, Section 21(1-A) has also been added. It was the case of the land-lord that after the retirement from the government service in the year 1998, there was a requirement of the house in dispute for residential purposes. Further,? one son of defendant no.1, Narendra Kumar, was in government service and is residing at Himanchal Pradesh and the other son, Umendra Tiwari, was residing at Dhampur in Linepar area and another son was residing at Tehsil Chandpur. It was also the case of the landlord that the defendant no.1, most of the time, resides outside alongwith her sons whereas in respect of the defendant -Bhanu Prakas, it has been stated that he also did not reside in the house in dispute and he is in government service in Ram Nagar, District Nainital where he is residing. Son of defendant no.2-Bhanu Prakash is also employed in Delhi and he resides at Delhi. However, it is the case of Chandra Prakash that he alongwith his mother Smt. Shanti Devi and brother Bhanu Prakash reside in the house in dispute. Since after the retirement of the landlord, Shyamnath Nagar, the house in dispute has not been vacated, though repeated efforts were made, he went to Chandausi, District Moradabad where he was residing in a rented accommodation at the rent of Rs.1,200/= per month. Subsequently, he died and he has been substituted by his legal heirs.