SHREECHARAN KAKKAR Vs. NOOTAN BALA

JUDGEMENT

(1.) THE present writ petition is on behalf of the tenant of an accommodation which consists of one Room, Kitchen and Bathroom on the first floor of a two storeyed house situate in Mohalla Ballam, Moradabad. The respondent no. 1 is the owner and landlady of the said accommodation. The landlord, Smt. Nootan Bala filed a release application giving rise to the present writ petition, under Section 21 (1) (a) of the U. P. Urban Building (Regulations of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as ''u. P. Act No. 13 of 1972') on the pleas inter alia that she is living in the house of her father-in-law as licensee. Her family consists of her spouse, married son Ankur Agarwal his wife and daughter. The release application was dismissed by the Prescribed Authority solely on the ground that the landlady who had purchased the accommodation in question in the year 1999 from its erstwhile owners namely Sri Chamma Kapoor and Roop Rani, failed to give a notice as contemplated under the U. P. Act No. 13 of 1972. But in appeal the said release application has been allowed by the Appellate Court. The Appellate Court has found that the tenant's son has purchased a house from Moradabad Development Authority in the year 1990 and is living therein. The Explanation (i) to Section 21 (1) (a) of the said Act is fully applicable.

(2.) HEARD the learned counsel for the parties and perused the record.

(3.) SO far as the question of notice is concerned, the said matter stands concluded by a judgment of Apex Court against the tenant wherein it has been held that if a release application has been filed after a period of three years from the date of purchase, no notice is required to be given to the tenant, vide Anwar Hasan Khan Vs. Mohd. Shafi, 1981 (2) ARC 554. The said point was no longer agitated before this Court by the Learned Counsel for the petitioner.