SOHAN LAL GYAN CHANDRA Vs. RAM BABU

JUDGEMENT

(1.) S. U. Khan, J. Heard Sri P. K. Jain, learned Senior Counsel assisted by Sri Madan Mohan, learned Counsel for the petitioner and Sri Atul Dayal, learned Counsel for the tenant respondent, who appeared through caveat.

(2.) THIS is tenant's wit petition arising out of eviction/release proceedings initiated by landlord respondent on the ground of bona fide need under section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of P. A. Case No. 141 of 1999. Prescribed Authority/additional Civil Judge, Senior Division, Court No. 13, Allahabad allowed the release application through judgment and order dated 19. 11. 2005. Against the said judgment and order tenants petitioners filed R. C. Appeal No. 220 of 2005, A. D. J. , Court No. 2, Allahabad, through judgment and order dated 4. 8. 2008, dismissed the appeal, hence this writ petition.

(3.) TENANTS denied the allegations of the release application. TENANTS as serted that Dukhi Lal grand- father of the landlord was originally landlord of the accommodation in dispute and Dukhi Lal had several houses and one of the said houses, i. e. , House No. 430, Muthiganj, Allahabad, was in the form of big mandi containing 25-30 shops and several good-owns and some of the shops and go-downs were let out after filing of the release application. It was also pleaded that family members of Dukhi Lal had never done any business and they possessed several immovable properties from which they were earning lacs of rupees per year as rental income. In respect of the properties asserted by the landlord to belong to the tenants, the tenants stated that most of the said properties were houses and some were situate in narrow lanes.