MADAN MOHAN AGARWAL Vs. GIRISH KUMAR CHATURVEDI

JUDGEMENT

(1.) -Heard learned counsel for the parties.

(2.) THIS is tenant's writ petition arising out of eviction/release proceedings initiated by respondent No. 1, Girish Kumar Chaturvedi on the ground of bona fide need under Section 21 (1A) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of P.A. Case No. 15 of 1995. In the release application Gopal Prasad, tenant since deceased and survived by the petitioner was impleaded as opposite party No. 1 and Krishna Kumar Chaturvedi, respondent No. 2, in this writ petition, who is real brother of Girish Kumar Chaturvedi was impleaded as opposite party No. 2. Property in dispute is a house containing several rooms. In the release application it was stated that applicant was employed as Director of a National Channel J.N.U., Delhi and prior to that he was working at Radio Station, Delhi and prior to that he had also worked on other Radio Stations as Director. It was stated that applicant landlord had written seven books which had been published and by virtue of his service he was allotted a house in New Delhi. Release application was filed on 9.6.1995 and landlord applicant was to retire on 31.8.1995. During pendency of release application applicant actually retired. It was further stated in the release application that applicant intended to reside at Mathura in the house in dispute which is situate in mohalla/locality Chhatta Bazar, Mathura and he required the house in dispute for the said purpose.

(3.) IN the written statement it was also pleaded that a third house in mohalla Chunna Kankar bearing No. 31/7 was got vacated by the landlord from its previous tenant on the ground of bona fide need. However, the said house had been sold by landlord applicant on 13.2.1995 for Rs. 1,30,000.