MADHU GARG Vs. SUMITRA DEVI

JUDGEMENT

(1.) Order dated 4.7.2013 having been recalled vide order of date passed on Recall Application, the writ petition is restored to its original number. As requested by learned Counsels for parties, I proceed to decide this matter finally at this stage under the Rules of the Court. Heard Sri Ashish Kumar Singh, learned Counsel for the petitioners and Sri Sushil Kumar Shukla, learned Counsel for the contesting respondent.

(2.) Sri Arvind Garg (now deceased and substituted by his legal heirs) was owner of house No. 93(old) Chhippi Tank, Meerut City. He filed application under section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") seeking release thereof on the ground that his is a joint family comprising of 21 members and therefore, accommodation, in which they are residing as House No. 66, Satish Building, Chhippi Tanki was not sufficient to accommodate entire family particularly when Arvind Garg and his wife and children i.e., petitioners 1 to 3 have only one room accommodation in their possession and hence the same should be directed to be vacated by respondent-tenant Smt. Sumitra Devi Sahni (now deceased and substituted by her legal heirs) and the said accommodation be released in favour of applicant.

(3.) Sri Arvind Garg, husband of petitioner No. 1 and father of petitioner Nos. 2 and 3 died during pendency of application and was substituted by legal heirs. Prescribed Authority, after considering pleadings and assessing evidence, finds that personal need set up by landlord was genuine and bona fide and comparative hardship also lies in their favour, therefore, accommodation in question be vacated by respondent-tenant and be handed over to the landlord. There against tenant preferred rent appeal No. 372 of 1995.