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1999 DIGILAW 9 (ALL)

Sharda Devi v. District Judge Mirzapur

1999-01-06

S.N.AGGARWAL

body1999
JUDGMENT : - Sudhir Narain, J. This writ petition is directed against the order of District Judge dated 17-12-1987 allowing the appeal and rejecting the release application riled by the landlord-petitioner. 2. THE facts, in brief, are that the petitioner filed application under Section 21 (1) (a) read with Section 21 (1) (b) of U. P. Urban Buildings (Regulation of Let ting, Rent and Eviction) Act, 1972 for the release of her house situate in Mohalla Badli Katra, Upadhyaya Ki Pokhri, Mirzapur. She purchased the house in question on 3-12-1982 and respondent No. 3 is its tenant. She requires the house in question for personal need as her husband and his elder brother Tara Chandra are residing as tenants in the house of Ram Narain Bania where she is in occupation of a single Kothri. THE house in question is in dilapidated condition and after the demolition and reconstruction she will occupy the same. Respondent No. 2 con tested the application and denied the version of the petitioner. THE prescribed authority, after making local inspection and considering the material evidence on the record, came to the conclusion that the need of the landlady was bona fide. THE house was in dilapidated condition and after demolition and reconstruction she will occupy the same for her residential purpose. THE application was allowed vide order dated 27-2-1987. Respondent No. 2 filed appeal against the said order. Respondent No. 1 has allowed the appeal vide impugned order dated 17-12-1987 on the ground that even if this accommodation is permitted to be occupied it will not be sufficient to satisfy the need of the landlady and secondly the tenant will suffer a greater hardship. This order has been challenged in the present writ petition. I have heard learned counsel for the petitioner. 3. THE appellate authority has taken the view that after demolishing the house the landlady will construct four rooms for residence of her family but if those rooms are not constructed due to lack of permission for demolition and reconstruction the present position of the house in question will not meet the requirement of the landlady. Therefore, the need of the applicant landlady to set up by her does not remain bona fide and genuine. 4. THE view of respondent No. 1 is manifestly illegal. Therefore, the need of the applicant landlady to set up by her does not remain bona fide and genuine. 4. THE view of respondent No. 1 is manifestly illegal. It has been found by the prescribed authority that the petitioner's husband is residing in Kothri in a tenanted occupation and the petitioner requires the accommodation for residential purposes. THE accommodation can be occupied in its existing form or after demolition and due construction. THE petitioner had categorically stated that she will get the accommodation reconstructed. THE need has to be examined as to the requirement of the landlady to occupy the accommodation in question. Respondent No. 1 has further observed that respondent No. 2 has no alternative accommodation. THE mere fact that the tenant has no other accommodation is itself not a ground to reject the application of the landlady. THE need has to be compared keeping in view various facts. THE application for release was filed in the year 1986. THE Court has to examine every aspect of the matter while considering the hardship of the parties in the event of the application is allowed or rejected. In view of the above the writ petition is allowed and the order dated 17-12-1987 is hereby quashed. Respondent No. 1 is directed to decide the appeal afresh within two months from the date of production of a certified copy of this order. Petition allowed.