MUNNAN BIBI Vs. MANJU

JUDGEMENT

(1.) -HEARD Shri M. A. Qadeer, Senior Advocate assisted by shri Tabish Mohd. for the petitioner and Shri Alok Kumar Gupta for the respondent-landlord.

(2.) THE respondent-landlord filed a release application under section 21 (1) (a) of U. P. Act No. XIII of 1972 for release of house No. 354/314 Rani Mandi, Allhabad, purchased by her on 12. 5. 1994 for her bonafide need. It was alleged that after the family partition in Court, the landlady and her husband, are living in house No. 47/52 Thatheri Bazar, Allahabad, consisting of one shop and one room. The passage in the room is through the shop. She has two grown up sons and a daughter. During the pendency of the proceedings, the two sons and daughter got married. It was alleged that after the partition, it was impossible for her to live in one room with her two grown up sons and daughters-in-law. The tenant with a family of eight members had two rooms and one verandah in their tenancy.

(3.) THE prescribed authority found the bonafide need to be pressing and held that the tenant will not suffer greater hardship than the landlord in case the release application is rejected. This order dated 26. 3. 2002 releasing the premises in dispute was challenged in R. C. A. No. 59 of 2002.