MOHAMMAD HAZIK Vs. VIIITH ADDL DISTRICT JUDGE SAHARANPUR

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order of the Prescribed Authority passed under Sec tion 21 (l) (a) of UP. Act No. XIII of 1972 rejecting the application of the petitioner for release of the disputed accommoda tion and order of the VIII Additional Dis trict Judge dated 5-12-94 dismissing the appeal against the said order.

(2.) BRIEFLY stated, the facts are that the petitioner filed an application for release of the disputed accommodation on the allegation that he had purchased the disputed house by registered sale-deed dated 7-11-1987 for. his personal use. The respondents No. 3 to 10 are tenants. He gave a notice for eviction on the ground that he requires the same for his residen tial purpose. He was residing in the house owned by her mother and accommodation in the said house was wholly insufficient for the family members, consisting of him self, his wife, three minor daughters. It was further stated that the respondents have purchased the property and, therefore, their objection is not maintainable, in view of the explanation of Section 21 of the Act which provides that where the tenant or any member of his family who had been normally residing with or is wholly de pendent on him has built or has otherwise required in a vacant state or has got va cated after acquisition a residential build ing in the same City, Municipality, notified area or town area, no objection by the tenant against an application under this sub-section shall be entertained.

(3.) THE respondent No. 1 shall appoint an advocate Commissioner who will make the local inspection, where the petitioner is residing and will submit its report. THE Appellate authority after examining the total extent of the accommodation, the right of the petitioner to occupy such ac commodation and the members of the family for whom the accommodation is required, will pass appropriate orders in accordance with law within three months from the date of production of certified copy of this order. Petition allowed. .