RAM NARESH Vs. KAMAL NARAIN & ORS.

JUDGEMENT

(1.) THIS is tenant's writ petition arising out of eviction/release proceedings initiated by original landlord Ram Sharan against petitioner and his mother Smt. Sushila Devi (Smt. Sushila Devi died during pendency of proceedings before the Courts below). Release application was filed on the ground of bona fide need under Section 21 of U.P. Act No. 13 of 1972 and was registered as P.A. Case No. 143 of 1983 on the file of prescribed authority Allahabad.

(2.) PROPERTY in dispute is a double storied building. On the ground floor petitioner is carrying on business of selling sweets. According to the landlord entire building was given for residential purpose however afterwards ground floor was converted into commercial accommodation and petitioner continued to reside on the first floor. According to the tenant-petitioner the entire building was taken on rent by him alone for commercial purpose and it was never used for residential purpose. In the same locality where building in dispute is situate, a big house was acquired by the tenant. According to the landlord the said house was very near to the accommodation in dispute and was situate on the road hence Halwai business could very well be carried out by the tenant-petitioner from the ground floor of the said accommodation. Tenant-petitioner pleaded that the said building was constructed by her mother Smt. Sushila Devi (who was opposite party No. 2 in the release application) and petitioner had no concern with the said building and he was not even residing therein as relations between his wife and his mother were quite strained. However that point is no more available to the petitioner as Smt. Sushila Devi died during pendency of the proceedings before the Courts below and he inherited the said house.

(3.) PRESCRIBED authority appointed Vakil Commissioner to inspect the ancestral house of the landlord bearing No. 5 Attarsuiya, Allahabad and accommodation in dispute bearing No. 456 Attarsuiya, Allahabad. Partition among the three sons of Ram Sharan was not seriously disputed by the tenant. Advocate Commissioner found that in the ancestral house middle portion had come in the share of Kamal Narain. Commissioner found that in one of the rooms Ajay Kumar son of Kamal Narain was residing along with his family and in another room Ratan Kumar son of Kamal Narain was residing and in one room Kamal Narian was residing with his wife, three daughters and widowed aunt and on the first floor there was only one room of six feet height.