SOHAN LAL SRI Vs. XITH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition has been filed by the tenant against the judgment dated 12.9.1983, passed by the XIth Additional District Judge, Kanpur in Rent Appeal No. 418 of 1981, whereby the appeal of the landlord was allowed and after setting aside the judgment of the prescribed authority dated 6.11.1981, the release application of the landlord for eviction of the petitioner was allowed.

(2.) Respondent No. 3 is the landlady of house No. E-46, Khapra Mohal, Kanpur. It was in the tenancy of the petitioner. During the pendency of the petition both the petitioner and respondent No. 3 had died and their heirs have been brought on record. The respondent No. 3 filed an application in 1981 under Section 21 (1) (a) of the U.P. Act No. 13 of 1972 on the ground that there were total 23 members in her family, who were residing in a house at 75/204A Ranjit Purwa Dhankutti, Kanpur. It was further alleged that she has 5 married sons and grown up children, are living in the Ranjit Purwa house having only 5 rooms. This accommodation was totally inadequate and insufficient and, therefore, for better and comfortable living she required the premises in dispute bona fide and her need was pressing.

(3.) The petitioner contested the release application on the ground that firstly, there were 7 rooms in the Ranjit Purwa house and was sufficient for the need of the landlady and her family members. It is further alleged that one of her married sons is living in Shuklagunj and one son has started living in a portion of the Khapra Mohal house on the first and second floor. In view of this 11 out of 23 members were residing in separate house and for the remaining 12 members 7 rooms at Ranjit Purwa was sufficient. The commissioner report was also called for with regard to the accommodation available with the landlady. The house of Ranjit Purwa and Khapra Mohal were inspected and report was submitted on 12.10.1981. In so far as house at Shuklaganj is concerned the same was in district Unnao and there was no request also for inspection. The Commissioner reported that there were 7 rooms at Ranjit Purwa premises where the landlady was residing. It was further submitted that in Khapra Mohal premises on ground floor the tenant Sohan Lal is residing and on the first floor one of the sons Shankar Singh was residing with his family members.