RAM KALI Vs. IIIRD ADDL DISTT JUDGE BULANDSHAHAR
LAWS(ALL)-1980-1-39
HIGH COURT OF ALLAHABAD
Decided on January 09,1980

RAM KALI Appellant
VERSUS
IIIRD ADDL DISTT JUDGE AND ORS Respondents

JUDGEMENT

- (1.)This is landlady's petition under Article 226 of the Constitution of India which is directed against the order passed by the Respondent No. 1 dismissing her application for release of an accommodation.
(2.)Shortly stated the material facts are these; The Petitioner is the owner and landlord of house No. 32, Mohalla Radha Kishan, Bulandshahr. The Respondent No. 3 is the tenant of a portion of the said house. The Petitioner, herself is residing partly on the ground floor and partly on the first floor of the said accommodation. The Petitioner moved an application under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 on the ground that the Petitioner's eldest son has passed his LL.B. examination. He has been married recently and has a child. The accommodation in the occupation of the Petitioner's family was consequent to meet the additional requirements of the Petitioner's family consequent upon the marriage of the said son of the Petitioner and his having set up practice as a lawyer for which he requires a chamber . The application of the Petitioner was contested by the Respondent No. 3 on the ground that the need of the land-lady was not genuine. She had instituted a suit for ejectment of the tenant on the ground of default in the payment of arrears of rent which was dismissed. The accommodation already in possession of the Petitioner was sufficient to meet even the additional requirements of the Petitioner and the members of her family.
(3.)The Prescribed Authority dismissed the Petitioner's application. Aggrieved by the decision of the prescribed Authority, the Petitioner filed an appeal which, too, has been dismissed. Hence this writ petition.
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