AZMUDDIN Vs. MALIKA BANO (SMT.)

JUDGEMENT

(1.) Heard learned Counsel for the petitioner. This is tenant's writ petition arising out of eviction/release proceedings initiated by landlady-respondent on the ground of bonafide need under Sec. 21 of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of P.A. case No. 34 of 1991. Prescribed Authority/Civil Judge, Firozabad dismissed the release application through judgment and order dated 23.9.1992. Against the said judgment and order landlady-respondent filed Civil RC Appeal No. 59 of 1992. Additional District Judge, Court No. 3, Firozabad through judgment and order dated 7.3.2008 allowed the appeal, set aside the judgment and order passed by the Prescribed Authority and allowed the release application. This writ petition is directed against judgment and order passed by the lower Appellate Court.

(2.) The main contention of the tenant before the courts below as well as this court was that landlady had several other accommodations available to her hence her need was not bonafide.

(3.) Property in dispute is residential bearing No. 198 situate in Mohalla Katara Pathanan, District - Firozabad. Rate of rent is Rs. 95/- per month. Landlady stated that she was residing as licensee in another house.