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Allahabad High Court · body

2007 DIGILAW 2937 (ALL)

DHARAM PAL SINGH v. HIRA LAL

2007-12-06

SUNIL AMBWANI

body2007
SUNIL AMBWANI, J. ( 1 ) HEARD Shri Dinesh Chandra, learned Counsel for the petitioner-tenant. ( 2 ) THE Prescribed Authority rejected the release application under section 21 (1) (a) of Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 filed by the landlord to release the four rooms, courtyard and store rooms in the tenancy of the petitioner in the same house in which they were living on the ground that the landlord did not prove that he had bona fide need for additional accommodation. The Appellate Court has set aside the judgment and order of the Prescribed Authority dated 20. 9. 2005 and while allowing the Rent Appeal No. 3 of 2005 on 11. 9. 2007 held that the landlord has proved his bona fide need for more than five rooms. The tenant has made no effort in the last several years to find out any alternative accommodation and would not suffer greater hardships than the landlord it the release application is rejected. ( 3 ) LEARNED Counsel for the petitioner tenant contends that the landlord has five rooms in his occupation and another two rooms in dilapi-dated conditions, which he could make use for additional accommodation. According to the learned Counsel for the petitioner, the Appellate Court committed an error in considering the need of his married daughter Smt. Mamta Singh. She did not file any affidavit, giving the number of her children, who live at Fatehpur with their maternal grand parents. It is contended that the need of the married daughter should not have been taken into consideration while assessing the bona fide need of the landlord. ( 4 ) THE narration of the facts in the judgment would show that the landlord and his wife have two grown up daughters; one grown up son and two married daughters. One married daughter-Smt. Mamta Singh lives with them with her children. Her husband is posted in the Indian Intelligence Service. He is frequently transferred to different States of the country and that she mostly stays with her father for the education of her children. The Appellate Court considered the need of the landlord and found that the accommodation in his occupation is not sufficient for the growing need of his family. With regard to comparative hardship, it was found that the tenant has not made any effort whatsoever to find out any alternative accommodation. The Appellate Court considered the need of the landlord and found that the accommodation in his occupation is not sufficient for the growing need of his family. With regard to comparative hardship, it was found that the tenant has not made any effort whatsoever to find out any alternative accommodation. The hardship of the landlord is as such found to be greater, if the release application was not allowed. ( 5 ) LEARNED Counsel for the petitioner contends that the need of the married daughter should not be considered as bona fide need of her father for additional accommodation. Smt. Mamta Singh did not file her affidavit giving the number of children, who are taking education at Fatehpur. He has relied upon judgment in Babu Ram v. Additional District Judge, Rampur and others, 1996 (27)ALR 41. ( 6 ) ORDINARILY the need of the married daughter is not to be taken into consideration as she joins the family of her husband on their marriage. There may however be exceptional circumstances, where the married daughter may have to live with her parents for the purposes of education of her children or many other reasons including frequent transfers of her husband. In this case, the husband of Smt. Mamta Singh is posted in the Indian Intelligence Service and was alleged to transfer very frequently. These facts were not denied by the tenant. ( 7 ) A daughter does not cease to be a member of the family of the landlord. She continues to be daughter for all purposes. She needs support from her parents and needs to look after her parents in old age. She inherits under the personal law applicable to all the religions. Her presence with her husband and children on all festivals, family get togethers and religious ceremonies is a source of happiness to the entire family. She continues to be daughter for all purposes. She needs support from her parents and needs to look after her parents in old age. She inherits under the personal law applicable to all the religions. Her presence with her husband and children on all festivals, family get togethers and religious ceremonies is a source of happiness to the entire family. The definition of the family under section 3 (g) of the Act restricted to spouse; male lineal descendants; parents, grandparents and any unmarried or widowed or divorced or judicially separated daughter or daughter of a male lineal descendant, as may have been normally residing with him or her and includes, in relation to a landlord, any female having a legal right of residence in that building, is for the purposes of various provisions in the Act which include the consideration of bona fide need for release of the building under occupation of the tenant under section 21 (1) (a)of the Act. The restricted meaning of the family however will not preclude the landlord, who does not have reasonable additional accommodation for the visiting members of his family including his married daughters to claim for release of the building or a portion thereof for such need. The words building is bona fide required either in its existing form or after demolition and new construction, by the landlord for occupation by himself or any member of his family or any person for whose the benefit is held by him/ will not entitle him to claim release only for such member of the family, who is not included in the definition of the family under section 3 (g) of the Act. Where the landlord requires the additional accommodation exclusively for the person who is not the member of his family under section 3 (g), the release shall not be allowed. However where the need of the landlord includes the visits of his married daughter, sister and other members of his family, the need has to be taken to be personal to him and not for a particular member of the family. ( 8 ) IN the present case the landlord did not require additional accommodation only for the purposes of the married daughter. ( 8 ) IN the present case the landlord did not require additional accommodation only for the purposes of the married daughter. The presence of his daughter in his house, residing with him on account of a frequent transfers of her husband was also the need of the landlord and not the need of his daughter alone and thus it cannot be said that the portion under the tenancy was not bona fi-dely required by him. ( 9 ) THE decision in Babu Ranis case (supra) was in respect of the need for a shop for son-in-law. Such a need was not the need for a member of the family as defined under the Act. ( 10 ) I do not find any illegality in the judgment of the Appellate Court in which the need of the married daughter in special circumstances was considered for the purposes of the need of the landlord for additional accommodation. ( 11 ) WITH regard to comparative hardships, the petitioner is serving as technical staff of the UP Power Corporation and has sufficient income to search out an alternative accommodation. He did not make any effort to find out any alternative accommodation during the pendency of the present proceedings for several years. ( 12 ) THE writ petition is dismissed. ( 13 ) WITH the consent of parties, the petitioner-tenant is allowed three months time from today to vacate the accommodation and to hand over peaceful possession to the landlord provided the petitioner-tenant files an affidavit of undertaking that he will hand over vacant possession peacefully on or before expiry of three months, and will not induct any other person in the premises and pays the entire arrears of rent of accommodation and three months advance rent within 15 days. The undertaking shall be filed before the Prescribed Authority within 15 days from today. Petition Dismissed. .