SARASWATI DEVI Vs. KALI CHARAN YADAV

JUDGEMENT

(1.) S. U. Khan, J. This is landlady's writ petition arising out of eviction/release proceedings initiated by her against tenant respondent No. 1 on the ground of bona fide need under Section 21 of U. P. Act No. 13 of 1972 (U. P. Rent Regulation Act ). The release application was registered as Misc. Case No. 18 of 1986 on the file of Prescribed Authority/civil Judge Azamgarh. The need set up in the release application was for parking car in the property in dispute. Property in dispute is a garage which is being used for commercial purposes by the tenant respondent No. 1. Prescribed Authority by judgment and order dated 24-2-1989 allowed the release application. Against the said judgment and order tenant respondent No. 1 filed Misc. Civil Appeal No. 48 of 1989. VI Additonal District Judge, Azamgarh through judgment and order dated 26-8-1991 allowed the appeal, set aside the judgment and order passed by Prescribed Authority and dismissed the release application, hence this writ petition by landlady. During pendency of writ petition landlady died and was survived and substituted by her daughter's son.

(2.) IN the release application it was stated that landlady had recently purchased a car and she wanted the garage in dispute for parking her car.

(3.) IT has been held in S. C. Jain v. A. D. J. , 1991 (1) ARC 41, that building may be released for keeping a car.