MATHURA PRASAD Vs. A D J BANDA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This is landlord s writ petition arising out of eviction/ release proceedings initiated by him against tenants respondent Nos. 3 and 4 Ramesh Chandra and Shikhar Chandra on the ground of bona fide need under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 registered as R.C. Case Nos. 1 and 2 of 1979. Original landlord has died and been substituted by his legal representatives. Release applications were rejected by Prescribed Authority/ Munsif Banda through judgments and orders dated 26.03.1980. Against the said judgments and orders original landlord petitioner filed two appeals being Civil appeal (Rent Control) Nos. 69 and 72 of 1980. Respondent No. 3 Ram Chandra Jain is son of respondent No. 4 Shikhar Chandra Jain. Both of them are tenants of adjoining portions. Landlord had filed two release applications, one was registered as R.C. case No. 1 of 1979. It was directed against father Shikhar Chandra Jain. The other one (R.C. Case No. 2 of 1979) was directed against son tenant. Both applications were rejected by the Prescribed Authority on 26.03.1980 by separate but similar judgments. The appeals were dismissed by Ist Addl. Distt. and Session Judge, Banda on 16.08.1982, hence this writ petition.

(3.) Map of the property in dispute was annexed as Annexure 1 to the writ petition. However, that did not contain the dimensions, hence learned Counsel for the parties were directed to file another map. Learned Counsel for the landlord through supplementary affidavit dated 07.07.2008 filed the map. On 13.08.2008 learned Counsel for the tenant stated that he was not disputing the correctness of the said map. Five rooms are in possession of son Ramesh Chandra and one room towards west, admeasuring 8.5 feet x 14.5 feet is in possession of Shikhar Chandra, the father. The area of the five rooms in possession of tenant Ramesh Chandra is as follows: