KAMLA SAH Vs. TARACHAND KHANDELWAL
HIGH COURT OF UTTARAKHAND
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B.S.VERMA, J. -
(1.) BY means of this petition the petitioner has sought a writ in the
nature of certiorari for setting aside the impugned judgment and order
dated 31 -5 -1999 passed by Prescribed Authority in Rent Case No. 5 of
1995(annexure No.1 to the writ petition) and the judgment and order dated 1 -9 -2008 passed by District Judge, Pauri Garhwal in Eviction Appeal No. 23 of 1999 (annexure No.2 to the writ petition).
(2.) BRIEFLY stated the facts of the case giving rise to the present writ petition are that the petitioner is the landlady of double
storied building No. 199/173, situated at Sadar Bazar Lansdown. The
building consist of four rooms each at ground floor and first floor. In
the ground floor there are two shops. The respondent Tara Chand
Khandelwal was the tenant of one set of two rooms of the said building
situated towards northern side which are being used for residential
purposes. In the upper story a set of two rooms is in the tenancy of Km.
Bimla Sanwal, Km. Indra Sanwal and Km. Usha Sanwal. They are real
sisters. In the ground floor a shop of two rooms was in the tenancy of
late Nathu Ram father of Jitendra and Surendra Kumar in which they used
to run a shop of Hair Cutting Saloon and after the death of Nathu Ram his
sons opposite party Jitendra and Surendra Kumar occupied the said shop.
(3.) THE applicant/landlady moved release application U/S 21(1)(a) of U.P. Act No. 13 of 1972 on the ground that opposite parties Km. Bimla
Sanwal, is teacher in Govt. Inter College Lansdown, Km. Indra Sanwal is
also teacher and she has facility of residence at Central School Lansdown
and Km. Usha Sanwal is also teacher in nearby school of the village. The
opposite party Tara Chand Khandelwal is Member of Cantonment Board
Lansdown and is a powerful man and he can search an accommodation for his
residence at Lansdown.
In respect of shop at ground floor, it was alleged that after the death of original tenant Nathu Ram his son opposite parties Jitendra
Sen is employed as Clerk in Employment Office Lansdown and another son
Surendra Kumar is employed in a Factory at Kotdwar and he resides at
Kotdwar along with his family. The applicant/landlady has pleaded her
bonafide need of shop in question to open a general merchandise shop for
her self and her daughter and the residential accommodations in the
occupation of Tara Chand Khandelwal and in the occupation of three real
sisters Km. Usha, Km. Indra and Bimla Sanwal are needed for their own
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