INDU DEVI Vs. LALBRAT

JUDGEMENT

(1.) Heard Sri Ashish Gupta, learned Counsel for the petitioner and Sri Jitendra Pandey, learned Counsel for the respondent. The dispute is regarding house No. B1-144A-1, Mohalla Asshi, Varanasi. Petitioner alongwith one Smt. Indrawati Devi, purchased the said house from the erstwhile owner. Respondent, who is now represented by his heirs and legal representatives, was a tenant of two rooms of it situate on the ground floor from the times of the earlier owner.

(2.) Petitioner after purchasing the said house and after division of the same between her and Smt. Indrawati Devi applied for the release of the above two room portion under section 21(1)(a) of U.P. Act No. 13 of 1972 on the ground that in the family settlement, the aforesaid two room portion and two other rooms in which she is living with her family has come to her share and the rest of the house is with Smt. Indrawati Devi. She requires the two room portion in dispute for the bona fide need of her family as she has three sons and one of those is of marriageable age.

(3.) The release application has been rejected by the prescribed authority and the order has been affirmed by the Appellate Court.