GANESH LAL AGRAWAL Vs. RADHEY SHYAM BAGARIA

JUDGEMENT

(1.) N. L. Ganguly, J. This writ petition is by the tenant of the residential accommodation, which was released by the order of the prescribed authority dated 16-9-1982 in a proceeding under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 and the appeal of the petitioner against the said judgment was also dismissed by the II Additional District Judge, Kanpur by the order dared 5-1-1983 affirming the judgment of the prescribed authority.

(2.) THE landlord-respondent sought for release of the accommodation in the tenancy of the petitioner in premises No. 28/106 Pheel Khana, Kanpur consisting of 3 rooms, verandah, latrine, bath-room and Chhajja in the first floor. THE respondent-landlord pressed his case on the genuine and bonafide need for the accommodation in question for his own family on the ground that his family consisted of eight persons. THEre was one married couple, one major son and children between 3 to 15 years of age when the application for release was filed in the year 1981. Anil Kumar was a student and three daughters of the respondent were students of Class I, II and VII at that time. Another son Pramod Kumar was unemployed. It was also said the Pramod Kumar was of unsound mind, who needed one room exclusively. THE respondent had in his possession one room 9 'x8' a tin shed 7'x6', used as a kitchen, a Kothari 5'x5' on the ground floor. THEre was no study room for the children or sitting room or a guest room. THE respondent-landlord, who was an Instructor at I. I. T. , needed the accommodation in possession of the tenant for his own use and occupation. THE tenancy was inducted by the respondent in the year 1959 when the size of the family of the respondent was small.

(3.) BEFORE the prescribed authority the parties filed their evidence in the shape of affidavits and a commission was also issued, who also issued who submitted a report and map of the premises showing the portions in possession of the petitioner and the landlord respectively.