RAM DEVI Vs. VIIITH ADDITIONAL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) This landlady's petition,

(2.) The dispute relates to a portion of residential house No. 118/500. Kaushalpuri, Kanpur which is in occupation of respondent No. 3 as tenant on behalf of the petitioner-landlady. The landlady moved an application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972, (hereinafter referred to as the Act), against respondent No. 3 for releasing the said accommodation in her favour on the ground that she was in dire need of additional accommodation because the accommodation already in her occupation was not sufficient to cater the need of her family members which consisted of herself, three married sons their wives and grandchildren, it was further alleged that her mother-in-law Smt. Ram Dulari was also living with her. The landlady has in her occupation only two rooms measuring 8' x 8 a 'Kothari' measuring 6' x 3' and a verandah, whereas the family of the tenant consisted of himself, his wife and two children. Therefore, the landlady would suffer a greater hardship than that of the tenant in case the application was rejected. The application was contested by the tenant on a number of grounds. It was alleged that one of the sons of the landlady has taken up his residence in Vijay Nagar Colony and her grandchildren were all minors and that she was comfortably living in the portion occupied by her and her need for additional requirement was not bona fide inasmuch as she simply wanted to oust the tenant as she has done with other tenants. The Prescribed Authority rejected the release application and the appeal filed by the landlady has also been dismissed. Both the orders have been challenged in this writ petition.

(3.) I have heard Sri S. K. Singh, learned counsel for the petitioner and Shrt Vtnod Mishra, learned counsel for the respondent and have also gone through the record.