S.C.VERMA, J. - (1.) THIS petition under Article 226 of the constitution is directed against the order dated 4.9.1990 passed by the District Judge in proceedings under Section 22 of the U.P. Act 13 of 1972 (hereinafter referred to as the Act).
(2.) THERE had been a long drawn litigation between the parties and a number of properties are involved in the present litigation. The dispute relates to premises No. 9, Nemi Road, Dehradun, of which Sri N.R. Anand, husband of respondent No. 2, was the owner. After the death of Shri N.R. Anand on 21.5.1984, respondents 2 to 6 namely, Smt. Raj Kaushalya, widow, Sri Lalit Anand, son, Dr. Rajendra Kumar Anand, son, Smt. Uttra Sawhney and Dr. Swadesh Seth, daughters respectively became the owners/landlords of a portion of the disputed property along with servant quarters, garage, land appurtenant and an orchard. In the release application under Section 2(1)(a) filed by respondents 2 to 6, it has been alleged that they were living with the brother of late Sri N.R. Anand at 64-A, Lytton Road, an accommodation owned by one Smt. Asha Gujral and under the tenancy of Sri G.R. Anand. After the death of Sri N.R. Anand, the relations of the respondents with Sri G.R. Anand became strained and it became necessary for the respondent No. 2 to live separately and to shift in her own house. It has also been stated that respondent No. 4 Dr. Rajendra Kumar Anand is a Dental Surgeon employed at I D.P.L., Virbhadra, Rishikesh who wants to start his private practice at Dehradun. It has further been stated that the tenant Sri P.R. Narang is an affluent person and has got his residential house No. 18, Patel Road, Dehradun, of which the first floor was released in his favour and the tenant can shift to the alternative accommodation. In reply the tenant stated that only 1/3rd portion of the premises 9, Nemi Road is in occupation of the tenant and the property is owned by the joint Hindu family of which Sri N.R. Anand was the karta and his three brothers Sri G.R. Anand, Sri D.P. Anand and Sri Jai Chand Anand had equal shares. It was stated that 2/3rd portion of 9, Nemi Road, Dehdradun was got released by Sri N.R. Anand during his life time but instead of utilising the same, it was demolished and sold to one Sri S.K. Ahuja. The respondent No. 2 is comfortably living at 64-A, Lytton Road in her own right and is not correct that she requires the present accommodation for her residential purposes. Sri G.R. Anand was permanently shifted to Rourkela and the other brothers, namely, Shri D.P. Anand and Sri Jai Chand are also living permanently outside Dehradun and have no intention to shift. As regards the respondent No. 3, he is employed at Allahabad and respondent No. 4 is happily settled at I.D.P.L. as a Dental Surgeon and has no intention of settling at Dehradun and the two daughters, namely, Uttra Sawhney and Dr. Swadesh Seth are also residing permanently at Delhi. The need of respondent No. 2 thus is not bonafide and genuine. The alternative accommodation at 18, Patel Road is in a dilapidated condition and as the ground floor is occupied by a tenant for whose eviction the matter is pending before the High Court in Writ Petition No. 1152 of 1985, the tenant has no alternative accommodation to shift.
(3.) THE Prescribed Authority by order dated 10.6.1988 rejected the release application and held that the respondent No. 2 has no bonafide need to shift in the disputed accommodation as she is comfortably residing at 64-A, Lytton Road. As regards the comparative hardship, it was held that the tenant had no alternative accommodation. The accommodation at 18, Patel Road is partly occupied by a tenant and unless the entire accommodation is available, the same cannot be demolished and reconstructed.;