HABIBA KHATOON Vs. XITH ADDL D J MORADABAD

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the tenants petitioners.

(2.) NO one has appeared on behalf of vendees of deceased- respondent NO. 3 who have been substituted at the place of respondent NO. 3.

(3.) IN view of the fact that 11 person were residing in the accommodation in dispute it cannot be said that predominant user of the premises in dispute was commercial and not residential. IN any case specific plea in that regard was not taken in the plaint. What was emphasized in para 4 of the plaint was inconvenience to the landlord and nuisance. Under UP. Act No. 13 of 1972, these two grounds are not valid grounds for eviction of the tenant. Tenant may be evicted, if the building is covered by U. P. Act No. 13 of 1972, only on any of the grounds mentioned under Section 20 (2) of the said Act. Nuisance or inconvenience to the landlord does not find mention in any of the clauses of the said sub-section.