Anjani Kumar, J. - (1.) THIS writ petition under Article 226 of the Constitution of India filed by the petitioner -tenant challenges the orders passed by the prescribed authority as well as the appellate authority under the provisions of the U.P. Act No. 13 of 1972.
(2.) THE facts leading to the filing of the present writ petition are that landlady Smt. Shakuntala Devi Jain filed an application under Section 21 (1) (a) of the U.P. Act No. 13 of 1972 (in short 'the Act') for the release of the accommodation in possession of the petitioner -tenant on the ground of her personal requirement. The landlady has stated in her application under Section 21 (1) (a) of the Act that the family of the landlady Smt. Shakuntala Devi Jain consists of (a) herself, aged about 75 years; (b) Sri A.K. Jain, son; (c) Smt. Kamini Jain, wife of A.K. Jain; (d) Km. Manisha Jain, daughter of A.K. Jain, aged 19 years; (e) Km. Nashima Jain, daughter of A.K. Jain, aged 17 years; (f) Km. Ashima Jain, daughter of A.K. Jain, aged 15 years; (g) Km. Monika Jain, daughter of A.K. Jain, aged 13 years; (h) Km. Soma Jain, daughter of A.K. Jain, aged 11 years and (i) Master Abhishek Jain, son of A.K. Jain, aged 7 years. The landlady further stated in her application that the petitioner is in possession of five rooms, varandah, one kitchen, two court -yards, two bath cum latrine, one bathroom, one latrine and the said accommodation is on the first floor of the premises No. 104/430 P Road, Kanpur. The need set up by the landlady in Paragraph 11 of the release application is that one room to be used for self, one room to be used as Puja Ghar, one room to be used for Sri A.K. Jain as bed -room, one room to be used as drawing room, one room to be used as dining room, one room to be used as store room, one room to be used as study -room of the school/college going children, five rooms to be used separately by all the five grand -daughters. Thus, the landlady requires minimum 12 rooms as against five rooms, which are in her possession. The petitioner -tenant contested the aforesaid application filed by the landlady denying the allegations made in the release application. The prescribed authority after the exchange of the pleadings by the parties and evidence have considered the respective case of the parties and arrived at the finding that the need of the landlady is bonafide and the comparison of hardship is also in favour of the landlady, thus, directed release of the accommodation in question by the order dated 15th May, 2000 in favour of the landlady, copy whereof is annexed as Annexure -'9' to the writ petition.
(3.) AGGRIEVED thereby, the petitioner -tenant preferred an appeal before the appellate authority as contemplated under Section 22 of the Act'. Before the appellate authority, the petitioner -tenant filed an application that during the pendency of the proceedings, landlady Smt. Shakuntala Devi Jain died, therefore, the need set up by Smt. Shakuntala Devi Jain dies with her death and the application is liable to be rejected. The petitioner -tenant also contested the right of Sri A.K. Jain, who was looking the interest of Smt. Shakuntala Devi Jain, but ultimately A.K. Jain succeeded in getting himself impleaded in place of Smt. Shakuntala Devi Jain. Before the appellate authority, the argument advanced that the need of landlady Smt. Shakuntala Devi Jain died and since Sri A.K. Jain has not set up any additional need, the application therefore, is liable to be rejected. The appellate authority dealt with the argument advanced and found that in the application itself, the need of the landlady was set up as already stated above in this judgment not only for herself but also for son, daughter -in -law and the grand -children. Thus, this argument, in my opinion, has rightly been rejected by the appellate authority. The appellate authority vide order dated 8 October, 2004 dismissed the appeal filed by the petitioner -tenant and affirmed the findings arrived at by the prescribed authority with regard to bonafide need as well as the comparative hardship, copy whereof is annexed as Annexure -'21' to the writ petition.;