RAMESHWAR PRASAD Vs. DISTRICT JUDGE, MORADABAD AND OTHERS

JUDGEMENT

(1.) THIS is a tenant's writ petition riled against a judgment of the District Judge, Moradabad, allowing an appeal preferred by Respondent 3, the landlord, under section 22 of U. P. Act XIII of 1972. The dispute is with respect to a portion of house No. 16-B/3, situate in Mohalla Katra Pooran Jat, Moradabad.

(2.) AN application under section 21 of U. P. Act XIII of 1972 was filed by respondent 3 for release of the portion in possession of the petitioner as a tenant, on the ground that the same was required by him for occupation by himself and his family members. The respondent 3 alleged in the application that his family consisted of six members. They included himself Yogi Raj, his son, his daughter Km. Pushpa, his daughter in-law and a child of his son. The respondent 3 claimed that he had three rooms in his occupation and those three rooms were insufficient for accommodating the members of "his family.

(3.) BOTH the parties filed affidavits and documents in support of their res­pective cases. Apart from asserting that the need of respondent 3 was bona fide, the said respondent also filed affidavits to show that since the petitioner had purchased a building at Moradabad, the requirement of the premises by the petitioner was not liable to be considered.