SMT. KAISAR JAHAN Vs. SAYYAD RAISUL HASAN

JUDGEMENT

(1.) Supplementary affidavit filed today is taken on record.

(2.) This petition is against the concurrent finding of two Court below in allowing the release application for the bona fide need of the landlord. The release application was filed against the petitioner Smt. Kaisar Jahan in the year 2005. The specific case pleaded in paragraph 2 of the release application was that the opposite party namely Smt. Kaisar Jahan was the tenant and the suit property was under her occupation and she along with her family was residing at the first floor of the house in question comprising of one room, bathroom, latrine, one kitchen and open courtyard on a rent of Rs. 10.00 per month.

(3.) In the written statement filed by the petitioner Smt. Kaisar Jahan on 12.2.2007, the contents of paragraph 2 of the release application are admitted. Only this much is stated in paragraph 2 of the written statement while disputing the assertion of the paragraph 2 of the release application that one bathroom is also situated and included in the tenanted accommodation of the opposite party which was wrongly not shown in the release application filed by the applicant-landlord.