SAVITRI DEVI Vs. XTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This is landlady's writ petition arising out of eviction/release proceedings initiated by her against original tenant Brahm Avtar since deceased and survived by respondent Nos. 3 to 8 on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 in the form of case No. 9 of 1985 on the file of prescribed authority Chandausi, district Moradabad.

(2.) Property in dispute is commercial in nature rent of which is Rs. 48/- per month. It had been taken on rent by the original tenant in connection with' his business of manufacturing buckets for rehat (a device of irrigation drawn by bullocks). It was stated in the release application that adjacent to the accommodation in dispute, the land admeasuring about 1200 square feet (40 feet by 30 feet) belonged to the petitioner and she intended to construct a new house in the said land as well as accommodation in dispute. In the adjacent land there existed some old structures in ruinous condition (khandhar). It was also pleaded that tenant had got another accommodation in which he had shifted his business completely and was keeping the accommodation in dispute locked. It was also stated that husband of the petitioner had retire and both of them intended to settle at Chandausi and to reside in the new house, which they proposed to construct for their residence. Map for the said purpose had also been got sanctioned by the local authority.

(3.) The tenant pleaded that in Chandausi itself a big house in the form of Kothi was available to the father in law of the landlady and she alongwith her husband and her father in law was residing therein.