LAWS(ALL)-2013-7-99

SUBHASH CHANDRA SHARMA Vs. NARESH CHND JINDAL

Decided On July 16, 2013
SUBHASH CHANDRA SHARMA Appellant
V/S
Naresh Chnd Jindal Respondents

JUDGEMENT

(1.) Heard Sri M.A. Qadeer, Senior Advocate, assisted by Sri Shamim Ahmad, learned counsel for the petitioner and Sri B.D. Mandhyan, Senior Advocate, assisted by Sri Sanjay Kumar, learned counsel appearing on behalf of the respondent.

(2.) This is the petition by the tenant, challenging the order of the Prescribed Authority dated 16.5.2012 and the order of the District Judge, J.P. Nagar (Amroha) dated 1.5.2013.

(3.) The petitioner is a tenant of ground floor house no. 91, Amroha, owned by the respondent. The respondent-landlord filed a release application under Section 21 (1) (a) of the Act No. 13 of 1972 for the release of the premises in dispute in his favour on the ground that he is an old man, aged about 65 years at that time and he is a heart patient and his wife is also suffering from Arthritis. He had four daughters and one son, all married. The son was residing at Ghaziabad. Both, son and daughter-in-law are doctors. They were earlier residing along with son at Ghaziabad upto 2004 but they have left the house because of non-understanding with the daughter-in-law and started living with his brother at Amroha. The petitioner filed written statement. In Para 24 of the written statement, it is stated that apart from house no. 91, the respondent had one more house no. 93 at Amroha, which was in the name of his father and after the death, the respondent has become owner, hence the respondent has no bonafide need of the premises in dispute. It was stated that during the pendency of the suit in 2010, the first floor has been vacated by Sri Anil Kumar and second floor has also been vacated by Sri Mahesh Bhatnagar and both the floors were available to the respondent which were sufficient for their living.