RAKESH KUMAR Vs. AJAI KUMAR

JUDGEMENT

(1.) THE present writ petition arises out of the pro ceedings under section 21 (1) (a) of U.P. Act No. 13 of 1972. THE present petition is at the instance of the landlord with respect of house No. 286, Naya Bazar, Ravindra Puri, Sadan, Meerut Cantt. A portion of the said house is in occupa tion of the respondent as tenant on monthly rent of Rs. 80/-.

(2.) THE petitioner-landlord filed release application against the tenant on the ground that the tenant portion, which consists of two rooms, varandah, courtyard, bathroom, latrine and kitchen is bona fide required by him. It was stated that the petitioner is residing on the upper portion of the said accommo dation which consists of two small rooms, bathroom, latrine and kitchen etc. THE family member of the landlord consists of father, mother, one unmarried sister, one brother, wife and two daughters. THE release application was con tested by denying the need of the landlord. It was stated that the landlord along with his family members is comfortably residing in the accommodation in his possession. It was also pleaded that the landlord has a big accommoda tion in village Mamepur which is 7-8 kms. away from Meerut Cantt. Where in he is residing with his family members. THE landlord is a moneyed person and he lias got agriculture land.

(3.) LEARNED Counsel appearing on behalf of tenant respondent submits that the finding recorded by the Appellate Court on the question of bona fide need is essentially a finding of fact. He further submits that during the pendency of the release proceedings, father of the petitioner has expired and the unmar ried daughter has been got married. Therefore, the need of the petitioner, if any, has come to an end in view of the subsequent events.