TALWAR MOTORS Vs. IST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THIS petition is directed against the judgment and order dated 20.5.1993 passed by the 1st Addl. District Judge, Kanpur City. The petitioner is a tenant in an accommodation comprising of three rooms, 2 verandahs, inner and outer one latrine-cum-bath room, kitchens, back courtyard, lawn, tinshed, covered place for parking Car and two small dochhatti, Kotheries, one above the Kitchen and one above the bath room which was let out to the petitioner in February, 1972 on a monthly rent of Rs. 465/- per month. An application under Section 21(1)(a) of the U.P. Act No. 13 of 1972 was filed by the landlord for the accommodation in question for his personal need to run an office of the professional Chartered Accountant and for parking his car in the garage. The accommodation in dispute is in the ground floor at 3/56. Vishunpuri, Kanpur. The application for release was contested by the petitioner by filing a written statement. Counter and rejoinder affidavits have been exchanged by the parties. The respondent- landlord moved an application for amendment in the original application for release on 3.7.90 which was also allowed and incorporated in the petition. The amendment application was also replied by the petitioner.

(2.) THE Prescribed Authority by his judgment and order dated 19.3.1991 dismissed the release application. The respondent-landlord filed an appeal under Section 22 of the Act, before the District Judge and was heard finally after transfer by the Court of Addl. District Judge, Kanpur.

(3.) THE petitioner tenant denied the case of the landlord and stated that the accommodation in 7/166(a) Swarup Nagar was not in his possession. He also stated that the said accommodation is not residential one. It was also pleaded that house No. 129, Mall Road and 63/1 and 63/2 are business accommodation and show room which cannot be used for residential purposes by the petitioner. The house in question in respect of which the release application was filed is purely a residential accommodation. It could to be released in favour of the landlord.