RANI DEVI JAIN Vs. BADLOO

JUDGEMENT

(1.) HEARD Shri B. N. Rai, learned Counsel for the petitioner and Shri T. S. Dabas, learned Counsel who has appeared for legal representatives of respondent No. 1 who were substituted at the place of respondent No. 1 through order dated 8. 7. 2008 passed on substitution application.

(2.) THIS is landlady's writ petition arising out of eviction/release proceedings initiated by her against original tenant-respondent No. 1 on the ground of bonafide need under section 21 Uttar Pradesh Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972 in the form of Rent Case No. 3 of 1984. Prescribed Authority/iiird Additional Civil Judge, Kanpur Nagar dismissed the release application through judgment and order dated 20. 8. 1985. Against the said judgment and order landlady-petitioner filed Rent Appeal No. 199 of 1985. Vth Additional District Judge, Kanpur Nagar dismissed the appeal through judgment and order dated 18. 3. 1989 hence this writ petition.

(3.) THE Courts below held that landlady could construct a house in open plot available to her hence her need for the additional accommodation was not bonafide.