SMT. KIRAN Vs. SMT. DHANNA DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioner-defendant/tenant.

(2.) This petition under Article 227 of the Contitution of India has been filed praying to set aside the judgement and order dated 31.05.2017 in Rent Control Appeal No. 10 of 2014 (Smt. Kiran v. Smt. Dhanna) passed by the Additional District Judge, Court No. 7, Jhansi and the judgement and order dated 31.05.2017 in Rent Control Appeal No. 11 of 2014 (Smt. Dhanna v. Smt. Kiran) passed by the Additional District Judge, Court No. 7, Jhansi and the judgment dated 01.10.2014 in P.A. Case No. 39 of 2010 (Smt. Dhanna v. Smt. Kiran) passed by the Prescribed Authority/Additional Civil Judge (Sr. Div.), Court No. 1, Jhansi.

(3.) Briefly stated facts of the present case are that the respondent-landlady is the owner and landlord of House No. 445 (Old No. 419), Mohalla Aligool, near Bhairoan Mandir, Jhansi in which the petitioner-defendant is a tenant at monthly rent of Rs. 300/- excluding water tax occupying the part portion of the house. On the allegation that the petitioner-defendant/tenant has not paid rent and water tax since 01.04.2007 and also on the ground of bona fide need, the respondent-landlady filed a P.A. Case No. 39 of 2010 for release of the aforesaid tenanted portion. The size of family of the respondent-landlady is of 15 members including three married sons. Her three daughters are also married who used to come to their paternal house. The landlady is residing in house no. 337, Mohalla Badakuan Dadiapura, Jhansi which consist three rooms on the ground floor and two small rooms on the first floor without any toilet. it was stated by the respondent landlady that in one small room on the ground floor of house no. 337 there is Pooja Ghar and the other small rooms are being used as stores. Thus, she has merely three rooms in house no. 337 being used for residential purposes for a family of 15 members. She also stated that due to extremely insufficient residential accommodation, there is frequent quarrel in the family and even her grandchildren do not have any space for study. Thus, she has set up a case of bonafide need.