SARWARI BEGUM Vs. VIITH ADDITION DISTRICT JUDGE

JUDGEMENT

(1.) The petitioner is the landlady and owner of the premises in question which consist of a room, a varandah and an open space. Respondent No. 3 is the tenant in the premises in question. The petitioner moved an application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 for the release of the accommodation in question on the ground that the premises in question was required for the purpose of residence for herself and for her sons who are members of her family. The petitioner alleged that she was presently residing in the house of her brother as a licensee in a single room on the ground floor and that her brother was residing on the first floor, which also consisted of one room. The family of the petitioner's brother comprises of his wife and three sons. The family of the petitioner's brother was growing and he was having difficulty to adjust his family in one room. On the other hand the petitioner alleged that she also has 3 sons, two of them are married and the third son is still studying in college. The petitioner contended that she was finding it difficult to accommodate her family in the present accommodation and if the premises in question is released she could accommodate her family after making necessary constructions.

(2.) The tenant contested the application for release mainly on the ground that the petitioner is the owner of the single room where she is residing at the present moment and that her brother was not the exclusive owner of the said house. It was alleged that the petitioner was living on the ground floor as owner and not as a licensee.

(3.) In support of her contention, the petitioner filed the affidavits of her brothers, namely Qadir Ahmad and Sharif Ahmad stating therein that Sharif Ahmad is the owner of the premises in which the petitioner was residing and that the petitioner had relinquished her share in it.