SMT. VIDYA DEVI AND OTHERS Vs. NAWAB ALI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Bijai Prakash Tiwari, learned counsel, who has filed caveat on behalf of the respondent.

(2.) This is tenants' writ petition. Landlord respondent initiated eviction/ release proceedings against tenants petitioners on the ground of bona fide need under Sec. 21 of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 in the form of rent case No.13 of 1999. Property in dispute is a room, rent of which is Rs. 4 per month. It is a paradox that Kanpur Nagar, where the property in dispute is situate is most expensive city of the U.P. still rent of old buildings in the said city are most inadequate. Landlord stated that number of his family members was 27 and he was residing in a two rooms' house. Prescribed Authority/ Special C.J.M., Kanpur Nagar allowed the release application through order dated 03.09.2005. Against the said judgment and order, petitioner filed Rent Appeal no.86 of 2000. Said appeal was dismissed by A.D.J., Court No.3, Kanpur Nagar on 31.08.2007, hence this writ petition.

(3.) Courts below also placed reliance upon commissioner's report and held that only two rooms were in possession of the landlord. Tenant petitioner in his written statement admitted that landlord had 27 members in his family. In respect of comparative hardship, the courts below held that tenant could easily take another house on rent. Further it was held by the Prescribed Authority that tenant did not show that he made any efforts to search alternative accommodation, hence question of hardship had to be decided against tenants.