LAWS(ALL)-2017-10-190

KUSUM LATA TIWARI Vs. VISHNU SHANKER PANDEY

Decided On October 25, 2017
Kusum Lata Tiwari Appellant
V/S
Vishnu Shanker Pandey Respondents

JUDGEMENT

(1.) Heard Sri Manish Tandon, learned counsel appearing for the petitioner and Sri Prakhar Tandon, learned counsel appearing for the respondent - landlord.

(2.) Present writ petition has been filed seeking setting aside the order dated 4.9.2017 passed by Additional District Judge, Kanpur Nagar in Rent Appeal No. 26/2016, Smt. Kusum Lata Tiwari v. Vishnu Shanker Pandey as well as judgment and order dated 29.2.2016 passed by the Prescribed Authority/Civil Judge (S.D.), Kanpur Nagar in Rent Case No. 37/2012, Vishnu Shanker Pandey v. Kusum Lata Tiwari .

(3.) A release application was filed under Section 21(1)(a) of Act No. 13 of 1972 regarding House No. G-12 Shanti Nagar, Kanpur Nagar in the tenancy of the petitioner consisting one room, one kitchen and Dochhatti on the ground floor that there are total nine members plus two unmarried sisters in the family and the accommodation is required for personal need. The property in possession of the landlord was consisting of one shop and four store rooms, Angan, a garage on the ground floor, two rooms, two store rooms, kitchen, latrine and bathroom on the first floor and two rooms, two store rooms, kitchen, latrine and bathroom on the second floor which were said to be insufficient for the residential requirement of the landlord and it was stated that the guest rooms are also required. It was further asserted that two unmarried daughters of the tenant are also working and they are in a position to take some other accommodation and the need of the landlord is bona fide.