- (1.) S. U. Khan, J. This is landlord's writ petition arising out of eviction, release proceedings initiated by him against tenant- respondent No. 2, Vidya Sagar Soni since deceased and survived by legal representatives on the ground of bona fide need under Section 21 of U. P. Rent Regulation Act (U. P. Act No. 13 of 1972 ). Release application was registered as P. A. Case No. 41 of 1983. Accommodation in dispute is situate on first floor and consists of two rooms alongwith other amenities like kitchen, bathroom and latrine etc. The dimension of one room is 18' x 15' and of the other room 10' x 9'. Landlord is residing on the ground floor. Prescribed authority/munsif, Hawali allowed the release application on 20-9-1983 holding the need of the landlord to be bona fide. Question of comparative hardship was also decided in favour of the landlord. Against the said judgment and order dated 20-9-1983 tenant-respondent No. 2 filed Misc. Appeal No. 330 of 1983. VIIth A. D. J. , Meerut on 12-1-1984 allowed the appeal, set aside the judgment and order passed by the prescribed authority and dismissed the release application hence, this writ petition.
(2.) AFTER mentioning the case of the respective parties and findings of the prescribed authority the Additional District Judge, Meerut opened his judgment by the following words: "the central purpose of U. P. Act No. 13 of 1972 has been explained by Hon'ble Mr. Justice M. N. Shukla (as he was then) in Sharda Prasad v. Smt. Sampati Devi & Ors. , 1983 (9) ALR 376. It has been laid down in the said ruling that the ultimate effect of the provisions of U. P. Act No. 13 of 1972 is that the eviction of tenants has been rendered an exception rather than a rule and the Courts of law cannot endorse an interpretation which would be repugnant to this central purpose. " That was the approach of the Courts in 1980's. However, now there is slight tilt in the approach. The Supreme Court in Siddalingama v. M. Shenoy, 2002 (46) ALR 18 (SC) has held that Rent Control Acts are normally for the protection of the tenant. Provision of release on the ground of bona fide need is the only provision which treats the landlord with some sympathy. As far as the facts of the instant case are concerned the Appellate Court while reversing the judgment of the prescribed authority held that the room on the ground floor in which landlord had stored his household goods could be used by the landlord. It was also observed that a covered verandah could also be used by the landlord as room. Normally, veranda is meant for different purposes and is not used as room. One also requires some room to store household goods. In view of this, findings of the Lower Appellate Court that landlord had no bona fide need are erroneous in law and liable to be set aside.
(3.) HOWEVER, trial Court on internal page 10 of its judgment (page 88 of the paper book) held that "in any case landlord required one room". After hearing learned Counsel for both the parries and going through the records of the case I am satisfied that it is a fit case for part release. Accordingly, writ petition is allowed. Judgment and order passed by Lower Appellate Court is set aside. Judgment and order passed by the Prescribed authority is modified to the extent that (sic) stand released in favour of the landlord. The tenant within six week from today shall give in writing to the landlord the choice of the room. A copy of that intimation shall also be provided to the learned Counsel for the landlord in this Court i. e. Shri K. L. Grover. The other room shall be vacated within three months from today positively. Kitchen, latrine and bath-room will continue to be in the tenancy of the tenant. House in dispute is situate in Meerut. Rate of rent is Rs. 60 per month, which it is virtually no rent. I have held in Khursheeda v. A. D. J. ,2004 (2) JCLR 452 (All) : 2004 (54) ALR 1177 that while granting relief to the tenant against eviction respect of building covered by Rent Regulation Act or while maintaining the said relief granted by the Courts below, writ Court is empowered to enhance the rent to a reasonable extent.;