LAWS(ALL)-1998-4-92

KUSHLA BARTHWALS Vs. SPECIAL JUDGE NAINITAL

Decided On April 27, 1998
KUSHLA BARTHWAL Appellant
V/S
SPECIAL JUDGE, NAINITAL Respondents

JUDGEMENT

(1.) Heard petitioners' counsel Shri Rajesh Tandon and Shri Ashok Bhushan counsel appearing for the landlord-caveator.

(2.) This is tenants' writ petition.

(3.) The landlord filed a release application in relation to the accommodation in question which is in occupation of the petitioners on a monthly rent of Rs. 26. The landlord came with the case that before the purchase of the accommodation in question, he was residing in a rented house in the same city of Nainital at a rental of Rs. 1,000 per month and since he was going to retire from Government service soon, it was not possible for him to live in the rented house and pay rent of Rs. 1,000 per month and since he has no other house in the city of Nainital, he bona fide required the accommodation in question for his personal need. The ten ants-petitioners contested the said application disputing the allegation of the landlord. The Prescribed Authority by the order dated 24.7.1995 allowed the application and the appeal filed by the tenants-petitioners has also been dismissed by the respondent No. 1 by the order dated 26.3.1998.