BABU RAM Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This is landlady's writ petition arising out of eviction/release proceedings initiated by her against tenant respondent No. 2 Nand Lal Narula on the ground of bona fide need under Sec. 21 of U.P. Act No. 13 of 1972 (U. P. Rent Regulation Act).

(2.) Property in dispute is a house adjoining portion of which is in possession of the landlady. Landlady's husband was employed in Municipal Board, Jhansi and was going to retire on 31.8.1981. Landlady filed release application in April, 1981, stating therein that by virtue of his employment husband of the landlady was provided a house by the Municipal Board and after retirement he would have to vacate the said house hence accommodation in dispute should be released. It was further stated that the adjoining portion of the accommodation in dispute already in possession of the landlady was too small to satisfy her need. It was stated by the landlady and categorically admitted by the tenant that the tenant had also acquired another house. Prescribed authority, Jhansi, before whom the release application was registered as P.A. Case No. 29 of 1981, allowed the release application on 12.2.1982. Against the said judgment and order tenant respondent No. 2 filed R. Appeal No. 12 of 1982. District Judge, Jhansi on 8.11.1982, allowed the appeal hence this writ petition by landlady.

(3.) The application was filed under Sec. 21 (1)(a) as well as Sec. 21 (1A) of the Act. Under the latter provision, it is provided that if landlord of a building is in service and has been provided residential house by his employer then at the time of his retirement tenanted house may be released. In respect of the said provision, the learned District Judge held that as a small portion adjacent to the accommodation in dispute was already in possession of the landlady hence no relief under the said provision could be granted.