SAROJ RANI Vs. XTH ADDITIONAL DISTRICT JUDGE, LUCKNOW

JUDGEMENT

(1.) THIS is a landlord-tenant dispute relating to House No. 78/69 New Ganeshganj, Lucknow. Ram Mohan Lal Srivastava (since dead) was the owner-landlord of this house. He filed petition under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, in the year 1972 against Tilak Raj (since dead) and Prabhu Dayal (since dead) tenants in the house, seeking release of the house on the ground that the same was needed bonafide for occupation by himself and members of his family. It is unfortunate and highly regrettable that the litigation has taken so long a time and the dispute is now taken up for consideration and decision by this Court after over 16 years.

(2.) PETITIONER 1 to 5 are legal representatives of late Tilak Raj and are in occupation of the accommodation at the ground floor consisting of three rooms, kitchen and toilet etc. Petitioners 6 (since dead) and 7 to 10 are heirs and legal representatives of Late Prabhu Dayal and are in occupation of the accommodation at the first floor consisting of three rooms, kitchen and toilet etc. Respondent No. 3 is son of Late Ram Mohan Lal Srivastava and respondent No. 4 is his sister. Ram Mohan Srivastava and thereafter his son Harbans Rai respondent No. 3 has been living with his family in a rented house in the same area situate at a distance of about 50 yards from the house in dispute.

(3.) THE petitioners have assailed the judgment and order of the learned Additional District Judge on the grounds -