VIDYAWATI Vs. RAM AGARWAL

JUDGEMENT

(1.) Heard Sri S.K. Mehrotra, learned Counsel for the petitioner-tenant and Sri Rajesh Kumar Pandey, learned Counsel for respondents.

(2.) This is a tenant's writ petition challenging the release/eviction order passed by the Prescribed authority/ Civil Judge (Junior Division), Sadar, Faizabad on 11.10.2002 and the appellate court's order dated 7.3.2006 dismissing the appeal of the tenant. The petitioner-tenant has been directed to vacate the premises in question.

(3.) It emerges from record that in the year 1970, the petitioner's husband late Gokul Chandra was inducted as tenant in the first and second floors of House No. 975, Mohalla Fatehganj, in the city of Faizabad. The tenant was paying Rs. 50 per month as rent for the two floors' accommodation having three rooms, kitchen, courtyard, latrine, bath-rooms, roof etc. An application under Section 21(1)(a) of the U. P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (Act No. XIII of 1972), hereinafter referred to as the Act, was filed by the landlord for release of the above premises under the tenancy of the petitioner. It was indicated in the said release application that Gokul Chandra, the original tenant, had died and his widow, petitioner and her sons Mahendra Kumar, Surendra Kumar and Narendra Kumar had inherited the tenancy of the above house. The landlord had submitted in the application that he was living in a rented House No. 894 in Mohalla Fatehganj, city Faizabad and the same was insufficient to accommodate his large family and that in view of his growing family, he required the first and second floors of house No. 975, Fatehganj, in the tenancy of the petitioner, for the use of his family members-five sons and daughters-in- law, etc. The release of the premises in question was sought on the ground of bona fide need of the landlord's family for additional accommodation.