KRIPA SHANKAR Vs. VTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition has been filed by the tenant against the judgment and orders dated 9.2.1984 and 7.11.1977 passed by the respondent Nos. 1 and 2 respectively, whereby the application for release of the accommodation in dispute, filed by the respondent landlord under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act) has been allowed and the appeal of the tenant against the same has also been dismissed.

(2.) The dispute relates to house situated in Mohalla Misrana, Katra, Kasba Etah, District Etah. Sri Karori Lal Varshney was the owner and landlord of the said building and the petitioners were tenants in the same. The landlord filed application for release in the year 1976 on the ground that he has got a big family consisting of himself, his wife, four sons and two daughters. Two sons were married and the other four children were also of marriageable age. They were all living with him and were suffering great hardship due to paucity of accommodation. The premises in dispute were bonafide required by them for his own use and for the use of his children. It was also alleged that the tenant has got his own house in mohalla Marhera Darwaza and could easily shift there.

(3.) The application was contested by the tenant petitioners on the ground that the landlord has several other buildings in different localities and can easily shift there, it was further alleged that he could easily mode arrangements for living of all the children in the other accommodation available with him.