BRIJ MOHAN CHATURVEDI Vs. XTH ADDL DIST JUDGE

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 30-10-1974 passed by X the Additional District Judge, Allahabad.

(2.) THE opposite parties Nos. 2 to 5 are the owners and landlords of house No. 134 situate in Alopibagh in the city of Allahabad. One Sri Durga Prasad Tiwari was a tenant of this house. According to the landlords Sri Brij Mohan Chaturvedi, the petitioner, began to live with Sri Tiwari and when they enquired about it Sri Tiwari gave out that Sri Chaturvedi being his relation, was staying with as a guest and would vacate the house when suitable accommodation was available to him. This position went on for some time and the landlords received rent from Sri Tiwari up to 30-6-1972 and they issued receipts for the same. THEreafter Sri Tiwari vacated the house without information to the landlords and inducted Sri Chaturvedi as a sub-tenant illegally but in the eye of law the house will be deemed to have fallen vacant in the month of July 1972. THE landlords at first gave a notice to Sri Chaturvedi to vacate the house and on his failure to do so moved an application on 24-4-1973 under S. 18 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act (hereinafter referred to as the Act) for release of this house on the ground that they bona fide require it for their own use. According to them, their family consists of 19 members and the house in their possession is not sufficient to accommodate them. THErefore, they have decided to shift one of the owners, namely, Sri H. S. Bose and members of his family to the disputed house.

(3.) THE Prescribed Authority found favour with the contentions of Sri Chaturvedi and rejected the release application on the ground that there was no vacancy.