RAMMO DEVI Vs. JAMUNA NARAYAN

JUDGEMENT

(1.) Heard learned counsel for the tenant-petitioner as well as Ram Kumar Pal, learned counsel for the landlord-respondent and perused the record.

(2.) Present petition has been filed challenging the judgement and order dated 13.5.2016 passed by the 1st Additional Judge (Small Causes)/Prescribed Authority, Kanpur Nagar in Rent Case No. 18 of 2011 (Jamuna Narayan v. Rammo Devi) as well the impugned judgement and order dated 23.8.2017 passed by the Additional District Judge, Court No. 15, Kanpur Nagar in Rent Appeal No. 53 of 2016 (Rammo Devi v. Jamuna Narayan) .

(3.) By the impugned judgement and orders, the release application filed by the landlord (respondent herein) was allowed, against which the appeal filed by the tenant (petitioner herein) was dismissed. The release application was filed on the ground that Narendra Singh (husband of the tenant-Rammo Devi @ Rama Devi) was originally tenant in the house in question. After the death of Narendra Singh, the tenant along with her three sons is living in the present accommodation, which consists one room tin shed and common latrine in the entire second floor of the house. In the release application it was claimed that two sons of the landlord are living in Kanpur and because of non-availability of space, the landlord along with his wife is living in village. The family consists about ten members and proper residential accommodation for the entire house is required. It was also claimed by the landlord that the tenant has one alternative accommodation in her name, which is available to her for shifting.