RAJ KISHORE Vs. DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) THE issue in the present writ petition relates to two retired people wanting to reside in an accommodation. The landlord retired from the Army as a Junior Commissioned Officer and desires to firstly reside in the accommodation which he owns and secondly use it also for setting up his practice as a Doctor. The landlord is residing in an accommodation which he has taken on rent. This accommodation has only one room 8' x 10, verandah and privy. There are five members which constitute his family.

(2.) THE accommodation where the tenants resides was purchased by the landlord seven years ago. In these circumstances the landlord sought release of the accommodation in possession of the tenant, under Section 21 of U.P. Act No. XIII of 1972.

(3.) THE Prescribed Authority granted the release of a accommodation to the landlord. The District Judge in appeal affirmed the order of the Prescribed Authority. The tenant has filed this petition before this Court under Article 226 of the Constitution of India. The tenant contends that during the pendency of the proceedings he and his family have had to suffer consequences of two unfortunate incidents. Firstly, he met with an accident and this impaired his normal movement. Secondly, his married daughter was deserted by her husband and she lives with him.