JAIPAL SINGH Vs. PREM ANAND AND ORS.

JUDGEMENT

(1.) This is a tenant's petition arising out of proceedings under Section 21 of U.P. Act XIII of 1972.

(2.) Prem Anand opposite party No. 1 is the owner of house No. 40 situate in Mohalla Turab Nagar in the town of Ghaziabad. It was in tenancy of the petitioner on a monthly rent of Rs. 50/-. The landlord moved an application under Section 21 of the said Act for release of this house on the ground that he bonafide required it for his own use and that it was in dilapidated condition and required to be reconstructed. It was further alleged that the tenant's wife had constructed a house in Mohalla Nehru Nagar in the same town and the tenant can shift to that house without any inconvenience.

(3.) The tenant contested that application inter alia on the grounds that Prem Anand alone was not entitled to apply for release as there were the co-owners also, that the landlord had no need for the house; that it was not in a dilapidated condition nor the requirements of rule 17 were complied with and that the house constructed by his wife was her stridhan property and was in occupation of tenants.