- (1.) In this writ petition, the petitioner has challenged the illegallity and invalidity of the impugned judgment and order dated 22.2.2010 passed by the Special/Additional District Judge, Kheri in Rent Appeal No. 5 of 2007 Ram Narain and Ors. v. Shatrohan Lal by which the application for release of the accommodation in question under the tenancy of the petitioner was allowed.
(2.) Learned Counsel for the petitioner Sri S.K. Rastogi submits that the petitioner is a tenant of one room accommodation at the rate of Rs. 5/- per month only. He submits that the tenancy is continuing since 1962. The father of the petitioner was the tenant of the previous owner of the house. He further submits that the petitioner presently is a retired person and is getting pension amounting to Rs. 1600/- per month. In the said accommodation, he himself is living along with an adopted son, who is 18 years old. Learned Counsel for the petitioner submits that the opposite-party i.e. landlord has so many accommodations in the Town and is engaged in the business of sale and purchase of the property. As the landlord has a number of accommodations, so the accommodation in question for personal need is not required.
(3.) Learned Counsel submits that the opposite-parties No. 2 and 3 (landlords) along with their family members live in a big house in the same Mohalla in a three storeyed building, which consists of shops and 4 rooms on ground floor, 4 rooms, one store in addition to amenities of first floor while 6 rooms and amenities on second floor in which the entire family has been residing comfortably and conveniently. The four rooms construction on 2nd floor has been raised after the year 1987. The father of the landlords had earlier moved an application on 2.9.1976 for eviction of the petitioner from the house in question which was dismissed on 20.10.1978. Thereafter within a period of six years Late Sri Murlidhar moved another application for release of the house in question on the ground of personal need vide Rent Control Case No. 8 of 1984 by which the Prescribed Authority released the accommodation. However, in Rent Misc. Appeal No. 4 of 1986 , the Additional District Judge, Kheri allowed the appeal vide its order dated 28.7.1987, as a result of which, the application for release of the accommodation was dismissed. The landlords along with their sister Smt. Hind Kesari filed Writ Petition No. 6982 of 1987 (R/C) before this Hon'ble High Court challenging the order passed by the Appellate Court. The aforesaid writ petition was, however, dismissed in default on 26.10.1999.;