MUNNI BEGAM Vs. NAWAB KHAN AND ANOTHER

JUDGEMENT

(1.) This Application has been filed under Article 227 of the Constitution of India praying for setting aside the order dated 26.10.2011 passed by Additional District Judge, Court No. 7, Kanpur Nagar and for a direction to the respondents not to evict the petitioner from rental accommodation House No. 77/127, Coolie Bazar, Kanpur Nagar.

(2.) Learned counsel for petitioner has submitted that the petitioner is a tenant of certain portion of the House No. 77/127, Coolie Bazar, Kanpur Nagar comprising of one room, one Verandah and a common latrine and bath-room along with a courtyard.

(3.) Initially, landlord of the petitioner was one Ashia Khatoon. On 25.05.1997 Ashia Khatoon executed a sale deed of the disputed premises in favour of respondent Nawab Khan and his wife and thereafter, the respondent became landlord of the petitioner-tenant. In the sale deed it was mentioned that the petitioner was tenant at the rate of Rs.15/- per month. The new landlord i.e. the respondent gave a notice under Section 21(1) (a) of the U.P. Act No. 13 of 1972 asking the petitioner to vacate the premises on the grounds of bonafide need and on 08.12.1999 the respondent filed a Rent Case No. 49 of 1999: Nawab Khan and another Vs. Smt. Munni Begam before the Prescribed Authority, the VIth Additional City Magistrate, Kanpur Nagar.