RAM NARAIN MATHUR Vs. PREM KISHOR SRIVASTAVA

JUDGEMENT

(1.) ANJANI Kumar, J. This writ peti tion arises out of an order passed by the appellate authority under the provisions of UP. Act No. 13 of 1972 (in short 'the Act"), whereby the appellate authority allowed the appeal filed by the respon dent-landlords by its order dated 27th February 2004.

(2.) BRIEF facts are that the petitioner is the tenant of House No. 107/99 Jawahar Nagar, Kanpur Nagar. The ac commodation in the tenancy of the petitioner consists of two rooms, court yard, latrine- bathroom and kitchen on the first floor and the petitioner is paying rent at the rate of Rs. 80 per month. The contesting respondents are landlord of the aforesaid accommodation who filed an application under Section 21 (1) (a) of 'the Act' before the prescribed authority under "the Act' on the ground that the accommodation available with the landlord is insufficient for their need and considering the large families of the landlord, the landlord bona fide require additional accommodation to accom modate the family members who are residing with the landlord in accom modation in dispute. The landlord have described the family members as under: That the family of the landlords consists of aged widow mother Smt. Tara and divorced sister Smt. Krishna Devi aged 50 years. The family of Prem Kishor consists of Prem Kishor aged 40 years, wife Anita 35 years, daughters aged 9 years, 8 years and 6 years respectively. The family of the other landlord consists of the landlord himself, his wife aged 40 years, daughters aged 18 years. 16 years and son 14 years.