- (1.) This appeal is directed against the judgment and order dated 06.02.2004 passed by the learned Single Judge of the High Court of Judicature at Allahabad dismissing the writ petition filed by the appellant-tenant. Challenge in the writ petition was to the order passed by the prescribed authority as affirmed by the learned Additional District Judge, Court No. 1, Kanpur Nagar (Appellate Authority) allowing the release application of Smt. Lajwanti Kathuria respondent-landlady.
(2.) Facts, in brief, leading to the origin of this case, are as under :- Smt. Lajwanti Kathuria, respondent-landlady was the owner of house No. 251 Ghaoo Khera Post, Chakeri, Harjinder Nagar, Kanpur. The appellant herein is the tenant on the ground floor of the demised premises consisting of one room with doo-chatti (store), courtyard, one bathroom, one toilet and kitchen since the year 1972 on a monthly rent of Rs. 60/-. The landlady filed release application No. 18 of 2001 under Section 21(1)(a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 [for short 'the Act'] for the need of her sons, daughters-in-law and grand children. In the release application, respondent-landlady stated that her husband Shri Chaman Lal Kathuria, before his death, was carrying on kiryana business in small portion of the premises. She stated that she has a large family to support comprising herself, two married sons and their children and one daughter and her children. According to the landlady, she urgently needed additional accommodation to provide proper and comfortable living rooms, kitchens and bathrooms for her children who are facing tremendous inconvenience and hardships on account of shortage of accommodation.
(3.) The release application was contested by the appellant-tenant by filing written statement and denying the claim of the landlady. He, inter alia, took the stand that the claim of the landlady was not bona fide and genuine and the release application has been moved with the mal-intention of harassing him. It was also alleged that the sons of the landlady were residing with her and the landlady did not need more accommodation because other tenants who were living in the building had vacated the accommodations, which were again let out by her to new tenants on higher rent. He also stated that the landlady was having one more house No. 377, N-2 Road, Lal Bungalow, Harjinder Nagar, Kanpur.;