Satish Chandra, J. - (1.) (for self and for H. N. Seth, J.) :-This a tenant's appeal. It is directed against the judgment of a learned Single Judge dismissing the writ petition filed by the appellant. The writ petition in turn was directed against an order releasing an accommodation in favour of the land-lord under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
(2.) THE appellant was the tenant in a a portion of the premises 11, Mayo Road, Allahabad. This building was owned by a joint family of which the respondent No. 3 was the Karta. THE land-lord owned another adjoining building No. 13, Mayo Road, Allahabad. In this big building a large number of the family members of the land-lord were actually residing. THE land-lord was in service as District Judge. He retired and started living in a couple of rooms in 13, Mayo Road, Allahabad. Soon after he was appointed a Judge of this Court. THEre after the respondent moved an application for release of the building 11, Mayo Road, Allahabad which was in occupation of the appellant as well as two other tenants. He prayed that all the three tenants be evicted and vacant possession be given to the landlord to enable him to personally reside in it. The tenants contested the application. The appellants took a large number of technical as well as factual and legal pleas. The Prescribed Authority by an elaborately discussed order repelled the pleas taken by the appellants and allowed the application for release of the accommodation as against, all the three tenants. The tenants went up in appeal. The Additional District Judge dismissed the appeals after repelling the points raised on their merits. The appellants then filed a writ petition which was also dismissed leading to the present appeal.
(3.) MR. Saksena, learned counsel for the appellant raised three points : In the first place, it was urged that there was no evidence in support of the finding that the respondent landlord was living in two rooms in 13, Mayo Road, Allahabad. In the next place it was argued that explanation (ii) to Section 21(1) of the Rent Control Act (Act 13 of 1972) was not applicable to the facts of the case with the result that it was incumbent upon the authorities to compare the needs of the land-lord and tenant under Rule 16 of the Act. In the last place it was urged that the authorities below committed an error of law in not comparing the needs of the land-lord with those of the tenants. With regard to the first point, the position is that in the application for release the land-lord stated in paragraph 2-A that at present he was residing in two rooms of premises no. 13, Mayo Road, Allahabad. It was mentioned that when he came to Allahabad after his appointment as Judge of this Court he asked his cousin brother Sri Prem Behari Capoor son of late Mr. Justice C. B. Capoor to vacate two rooms for him so that he could reside in them for the time being and he was kind enough to do so as a temporary measure. In paragraph 4 it was stated that the aforesaid two rooms which were in the occupation of the applicant (land-lord) were extremely insufficient to meet his needs. The applicant has been living in these two rooms with his wife and a grown up daughter who is a student of M. A. Second year in the University of Allahabad. It was also stated that the accommodation was insufficient for his needs specially in view of his status as a Judge of the High Court. The appellant filed a reply to the application in paragraph 29 whereof he stated that the land-lord was living in an independent accommodation in front of the main building which had five well sized rooms. According to him this accommodation was sufficient for the requirements of even a High Court Judge. A rejoinder affidavit was filed on behalf of the respondent landlord in paragraph 21 of which he admitted that he was residing in a portion of the building which was in front of the main building. He stated that this portion has only three comfortable rooms, the other two rooms are small rooms one of which was used as Kitchen and in the other Sri Munni Lal Baijal, nephew of Lt. Col. K. L. Capoor has been residing.;