MOHINDER SINGH Vs. VITH ADDL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) Heard parties' counsel.

(2.) This is tenants' writ petition directed against the order dated 5.9.1983 passed by respondent No. 1 whereby the appeal filed by the landlord was allowed.

(3.) The dispute relates to a residential house which was in the tenancy of the petitioners' father and another tenant Ram Chander. The accommodation which was in occupation of Luxman Singh, the father of the petitioners, consisted of two rooms and one kitchen in the ground floor while the accommodation in possession of another tenant Ram Chander consisted of one room and one tin-shed in the first floor. The landlord filed an application for release under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 for the release of the entire house which was in occupation of the aforesaid two tenants on the ground that since a partition has taken place amongst the co-sharers of the joint family and the house in question having fallen in the exclusive share of the landlords, they have no other accommodation to reside as of right. The release application was contested by both the tenants and it was pleaded that partition was false and the landlords have sufficient accommodation with them and their requirement of the house in question was not bona fide.