GULAB DEVI Vs. ADDITIONAL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) AT the time of hearing, no one appeared on behalf of the respondent, hence only the arguments of learned counsel for the petitioner were heard.

(2.) HEARING of this writ petition had been expedited by the Supreme Court through order dated 28.1.2008 passed in Civil Appeal No. 717 of 2008.

(3.) IN the tenanted accommodation in dispute on the ground floor, there are six big rooms, court-yard, kitchen, latrine and bathroom. It was also pleaded by the landlady that tenant had another house available to him in the same mohalla, which was numbered as 214/254. Both the courts below found that houses No. 252 and 237 situate in the same locality were available to the landlady. Before shifting to the first floor accommodation in dispute landlady was residing in House No. 252. House in dispute was purchased by the landlady in the year 1970 along with another house bearing No. 237. The first floor portion of house No. 238 was in tenancy occupation of another tenant. Landlady filed release application on the ground of bona fide need against the said tenant also. IN appeal, parties compromised and the said tenant handed over possession of the said portion to the landlady.