BHAIRO PRASAD Vs. JAGDISH NARAIN

JUDGEMENT

(1.) ONE Bal Kishan had three sons Jagdish Narain, Bhairo Prasad and Radha Mohan. He was living with them as a tenant in House No.11/45, Gwal Toli, Kanpur. After the death of Bal Kishan, his eldest son Jagdish Narain purchased the said house in the name of his wife vide sale deed dated 8.4.1971. His wife died in the year 1982.

(2.) THE aforesaid Jagdish Narain son of Bal Kishan applied for release of certain portion of the house in dispute under Section 21(1)(a) of the U.P. Act No.13 of 1972 against his other two brothers Bhairo Prasad and Radha Mohan and five other persons. He contended that he has purchased the house in the name of his wife and on her death he is the owner and landlord of the same. He has no other accommodation for his residential purposes in Kanpur. The accommodation available with him in the said house is very short and in view of his growing family he requires the entire house for his residential purposes.

(3.) IN the release application he further contended that his brother Bairo Prasad i.e. petitioner is living in a portion of the said house consisting of one room, one Kothri and some open space on the ground floor, a room, a courtyard or Verandah on the first floor as a tenant at a rent of Rs.30/ - per month. This portion is also bona fidely need by him for the residential purposes of his family.