SHAKINA BIBI Vs. IXTH ADDL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) BY means of this writ petition under Article 226 of the Constitution the petitioner has prayed for quashing of the order passed by respondents 1 and 2 allowing the application of the landlord for the release of the disputed accommodation in proceedings under Section 21 (1) (a) of U. P. Act XIII of 1972, hereinafter referred to as the Act.

(2.) SINCE the parties are represented and counter and rejoinder affidavits have been exchanged and hence this writ petition is being finally disposed of at the admission stage under Rule 2 of Chapter XXII of the High Court Rules.

(3.) THE Prescribed Authority on appraisal of the evidence on record held that house no. 12C/1 Minhajpur was constructed and owned by Barkat Ali respondent no. 4 in which Moharram Ali respondent no. 3 has no share as there was evidence on record to show that the sale deed of the land of 12C/1 Minhajpur was execuied by Smt. Raisa Begum in favour of Barkat Ali and that Barkat Ali alone constructed the house in which landlord is living. THE Prescribed Authority also held that the other houses which are alleged to be owned by the landlord are neither owned exclusively by Moharram Ali respondent no. 3 nor any of them are available for the residential purpose of Moharram Ali in vacant state, and since Barkat Ali who is the owner of house no. 12C/1 Minhajpur is insisting upon his brother Moharram Ali to vacate the house which is too small to accommodate the family members of both the brothers, the need of the landlord was bonafide and genuine and thereafter holding that there are only two rooms available for the residence of the family of Moharram Ali which is wholly inadequate to accommodate six grown up members of his family including two daughter-in-laws and that the tenant had not made any attempt to search any alternative accommodation for himself since 1982 and hence the landlord under the circumstances would be put to greater hardship in case the accommodation is not released in his favour, allowed the release application subject to the condition that the landlord provides an alternative accommodation to the tenant on reasonable rent having at least two or three rooms within a period of two months.