JANI KHAN Vs. 3RD ADDL DISTRICT JUDGE SAHARANPUR

JUDGEMENT

(1.) THIS writ petition is directed against the order of Illrd Addl. District Judge, Saharanpur dated 1-9-1982 whereby he confirmed the order of Prescribed Authority, allowing the application of the landlord, filed under section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as "the Act". The respondents claiming themselves to be members of the association Sled application under section 21 of the Act against the petitioner for release of the accommodation in question on the ground that the petitioner is a tenant of an accommodation consisting of two rooms. Sahan etc. on the ground floor situate in Mandir Wall Gall, Khalalampura. Shaharanpur. The association was formed to run Madrassa Nizamul Quran in mohalla Khananlampur, Saharanpur The Madarsa is being run in the room consisting of dimensions 19' x 9" x 35' x 7". The accommodation with the tenant is adjoining jo this Madarsa, The accommodation with the Madarsa was quite inadeguate on account of which the teaching work was being hampered. The Management also decided to start separate classes for girls and boys there was bat no additional accommodation with the management. The accommodation with the tenant was adjoining to the Madarsa and was most suitable for expanding the Madarsa, The petitioner sells milk and has got three she-buffaloes and his sons are else earning and he has a plot nearby in which he can shift suitably.

(2.) THE application was contested by the petitioner. He raised various legal ples 15 as to the maintainability of the application. It was alleged that the accommodation In question was residential one and could not be used for non-residential purpose. THE respondents were not entitled to file an application under section 21 of the Act. THE need as alleged in the application was not correct and in case the petitioner was ejected, he would suffer greater hardship in the event the application was allowed. It was alleged that no notice was Issued to the Central Sunni Waqf Board and hence the application was not maintainable.

(3.) IN Husaini Dhobi v. Ill Addl. District Judge, Lucknow. 1986 (2) ARC 254, it was held that building cannot be released for 'business purpose'. The word 'business' has been defined under rule 2 (b) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 which reads as follows :- "(b) 'Business' means any profession, trade or calling."