HUSENA AND ANR Vs. JUMMAN AND ANR

JUDGEMENT

(1.) This petition has been by the tenants for quashing the Judgment and order dated 28th February 2008 by which the Appeal filed by the landlady under Section 22 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) was allowed.

(2.) The landlady had filed an application under Section 21(1)(a) of the Act for eviction of the tenant from the house in dispute namely House No. 182/1 situated in Mohallah Moghalahi District Fatehpur. The applicant was residing in House No. 189 at Mohallah Moghalahi which had only one small Kothari measuring 12 ft X 71/2 ft on a monthly rent of Rs. 40/-; that it was extremely difficult for the applicant to live in that small Kothari along with husband as it did not contain any latrine, bathroom and kitchen and nor was it possible to entertain any guest; that the applicant had no other house in District Fatehpur except the house in dispute; that the tenants on the other hand, had a big house in Mohallah Moghalahi and the tenants mainly resided in that house which was sufficient to meet their requirement; that the house in dispute was bona-fide required for the purposes of residence and also for the purposes of business of timber which her husband wanted to do for maintaining the family.

(3.) The tenants contested the application filed by the landlady and asserted that the applicant was not residing in a tenanted house along with her husband but in fact was residing in the house of her daughter and the applicant did not bona-fide require the premises in dispute since there was sufficient accommodation available in that house where the applicant was residing. It was also asserted that the tenants would suffer greater hardship in case the release application was allowed.