KEWAL KRISHAN SHARMA Vs. RAJESHWARI DEVI
LAWS(UTN)-2012-9-87
HIGH COURT OF UTTARAKHAND
Decided on September 18,2012

KEWAL KRISHAN SHARMA Appellant
VERSUS
RAJESHWARI DEVI Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) IN both the writ petitions, judgment and order dated 30 -5 -2012 passed by Addl. District Judge/II F.T.C. Dehradun in Rent Control Appeal No. 148/2009 Kewal Krishan Sharma Vs. Rajeshwari Devi and another, has been assailed, therefore, these writ petitions are being decided by this common judgment.
(2.) BRIEF facts of the case giving rise to these writ petitions are that Smt. Rajeshwari Devi is the landlady of property in question 38 Tilak Road Dehradun and the tenanted accommodation was in the tenancy of Bihari Lal and after his death, his widow Smt. Sumitra Rani and son Kewal Krishan Sharma are joint tenants since the accommodation is commercial. The landlady moved release application U/S 21(1)(a) of U.P. Act No. 13 of 1972 for release of two shops against tenants Kewal Krishan Sharma and Smt. Sumitra Rani on the ground that the shops are required for go -down of the adjacent shop of her husband. It was also alleged in the application that the opposite parties have their own property, in which there is a shop, vacant piece of land and residential building. The shops are bonafidely needed to the landlady and if the shops are released in favor of landlady the tenants would not be put to any hardship.
(3.) THE opposite parties/tenants filed objection before the Prescribed Authority and alleged that the landlady has no bonafide need of the shops in dispute. It is wrong to say that the sons of tenant Smt. Sumitra Devi have their separate business and residence. She runs a flour -mill in a room at her residential premises. The landlady has a number of shops, some of which are in their own occupation, some are closed and some have been given on rent and if the shops in possession of the tenants are released they would suffer greater hardship in comparison to the landlady. The parties adduced evidence before the Prescribed Authority in support of their contentions. The Prescribed Authority after hearing parties and considering the material on record allowed the release application and issued direction to the tenants to hand over possession of the shops to the landlady within a month and the opposite parties tenants would be entitled to get Rs. 15,000/ - as compensation from the land lady.;


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