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2016 DIGILAW 1073 (ALL)

Babu Ram Tripathi v. Harish Chandra Verma

2016-03-28

SUNITA AGARWAL

body2016
JUDGMENT Mrs. Sunita Agarwal,J. Vakalatnama filed by Sri Bijal Prakash Tiwari, learned counsel on behalf of the opposite party be taken on record. 2. Heard learned counsel for the parties and perused the record. 3. Admittedly, as per own contention of the petitioner, only four rooms are in possession of the landlord in House No.300, Railbazar, Kanpur Nagar, and the landlord's family comprises of his wife, one son, daughter-in-law and two grand children. 4. Looking to the admitted number of family members of the landlord, four rooms accommodation is insufficient for the need of the landlord. 5. Even the Prescribed Authority has also recorded that only four rooms are available to the landlord in the House No.300, Railbazar, Kanpur Nagar, however, it has rejected the release application on the ground that the said accommodation is sufficient for the need of the landlord. 6. In any case, the landlord is master of his own need and the Court cannot decide as to what would be the sufficient accommodation for his residence. 7. This apart, there is nothing on record to suggest that House No.315, Rail Bazaar, Kanpur Nagar is in vacant possession of the landlord rather it is in occupation of the tenant against whom release application has been filed. 8. In view of the above, this Court is not inclined to interfere with the finding recorded by the Appellate Court. 9. Lastly, learned counsel for the petitioner requested that some reasonable time may be provided to the tenant to shift his belongings elsewhere. 10. To this submission, no objection was taken by the learned counsel for the respondent. 11. It is, therefore, directed that the petitioner shall file an undertaking within a period of four weeks before the Court below that he will vacate the house in question on or before 01.10.2016. In case the petitioner fails to furnish the undertaking or vacate the house in question within the time given above, proceedings for his eviction may be initiated. With the above observations and directions, the writ petition is dismissed.