SEWA SINGH Vs. RAM CHANDRA PRASAD GUPTA

JUDGEMENT

(1.) HEARD Sri R.K. Chaube, learned Counsel for the tenant petitioner and Sri P.K. Jain, learned Senior Counsel, assisted y Sri M.W. Faridi, learned Counsel for the landlord respondent, who has appeared through caveat.

(2.) THIS is tenant's writ 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. 6 of 2006. Prescribed Authority/J.S.C.C, Gorakhpur through judgment and order dated 4.10.2007 allowed the release application. Against the said judgment and order, tenant petitioner filed Misc. Rent Appeal No. 19 of 2007. District Judge, Gorakhpur dismissed the appeal through judgment and order dated 31.7.2008, hence this writ petition.

(3.) BOTH the Courts below found the need of the landlord to be bona fide. I do not find least error in the said findings. When children grow up, get married and have their children, the need of additional accommodation obviously in­creases. This principle is recognised by Rule 16 (1) (b) of the Rules framed under the Act also, which is quoted below :