SMT. SUGNA DEVI @ SUKHANA DEVI Vs. MUKHTAR AHMAD

JUDGEMENT

(1.) Heard learned counsel for the petitioners and perused the record.

(2.) The present petition has been filed challenging the order of release dated 17.11.2015 passed by the Prescribed Authority/A.C.M.M., Court No.5, Kanpur Nagar in Rent Case No.37 of 2013 as also the order dated 24.12016 passed by the Additional District Judge, Court No.2, Kanpur Nagar in Rent Appeal No. 02 of 2016 by which the release order was affirmed in appeal.

(3.) A perusal of the record would go to show that the landlord-respondents filed a release application, under Sec. 21(1)(a) of the U.P. Act No. 13 of 1972 for release of an accommodation comprising one room and a courtyard situated on the first floor of House No. 102/20 The need of the family to have an additional space was set up by claiming that the family of the landlord constituted of the landlord himself, his married son and a daughter-in-law; two unmarried marriageable age sons; and one unmarried daughter. Additional need for having a Guest Room for married daughter and guest, etc. was also shown. The release application was, inter alia, primarily contested on the following grounds: (a) that the landlord being a Vendee-landlord had not given six months notice as required by the proviso to Sec. 21(1)(a) of the U.P. Act No. 13 of 1972; (b) that the present release application was a second release application and not maintainable because it was filed during pendency of an appeal preferred against rejection of the previous release application; and (c) that the landlord had obtained release order of another premises by filing Rent Case No. 41 of 2002 which, after release, was let out to a third party, therefore, there was no need for the premises in question.