ALIMUDDIN Vs. XIITH ADDITIONAL DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) This is tenant's petition. The petitioner has prayed for quashing the judgment and order dated 20.11.1981 (Annexure-4) and the judgment and order dated 28.8.1987 (Annexure-6) to the writ petition passed by respondent Nos. 2 and 1 respectively.

(2.) Heard Sri Shiv Sagar Singh, holding brief of Sri Pankaj Mithal, learned counsel for the petitioner and Sri Kunwar R.C. Singh, learned counsel for respondent No. 3 and perused the entire material on record.

(3.) It appears that an application under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') was moved by the landlords for release of half portion of the house in question under tenancy of the petitioner mainly on the ground that the applicant-respondent No. 4 (Iqbal) one of the landlords along with his family resided in the northern half portion of the disputed house as a tenant and the remaining half portion was in occupation of the tenant-petitioner on a monthly rent of Rs. 10. The respondent Nos. 3 and 4 purchased the whole house through a sale deed. Nizamuddin, who had strained relations with his father, resided in the city of Meerut and paid income-tax also. His family consisted of four members, including two children. The accommodation in possession of Iqbal was inadequate to meet the requirements of his family. The landlords needed the portion in possession of the tenant for their residence and their need was bona fide and genuine. The tenant had a house within the municipal limits and he got the house vacated from his tenant and took over possession.