PYARE LAL Vs. XII ADDITIONAL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) BY means of this writ petition under Article 226 of the Constitution the petitioner has prayed quashing of an order passed by the Xllth Additional District Judge, Allahabad dated 24th December, 1989 upholding the order passed by the Prescribed Authority allowing the application of the landlady respondent no. 3 for the release of the disputed accommodation in proceedings under section 21 (1) (a) of U. P. Act XIII of 1972 here-in-after referred to as the Act.

(2.) THE petitioner is the tenant of the disputed accommodation house no. 416 Old Katra, Allahabad of which the respondent no. 3 Smt. Savitri Devi is the landlady. Respondent no. 3 the landlady filed an application under Section 21 (1) (a) of the Act inter alia on the ground that her family has grown resulting in need for additional accommodation and that her daughter-in- law is of quarrel some nature due to which strained relation between the petitioner and her daughter-in-law has completely disturbed the mental peace of the members of the family and it has become necessary to provide a separate accommodation to her son and daughter-in-law and hence the petitioner's need for the disputed accommodation house no. 416 Old Katra Allahabad is bonafide and genuine and further that greater hardship would be caused if the accommodation is not released in her favour. THE application moved by the landlady was contested by the petitioner on the ground that the need of the petitioner is not bonafide and genuine and that the tenanted house no. 336 Old Katra Allahabad in which the landlady is residing, is sufficient for the residence of the landlady and her family members and that greater hardship would be caused to the petitioner in case the release application is allowed.

(3.) HEARD Sri S. K. Mehrotra learned counsel for the petitioner and Sri Radhey Shyam Dwivedi learned Counsel for the respondent.