Satish Chandra, J. - (1.) THIS petition is directed against an order of the learned Additional District Judge, Kanput, directing the accommodation in dispute to be released in favour of the land lady Respondent.
(2.) THE accommodation in dispute is the ground floor of building No. 50/ 266, Modha Toli, Halsey Road, Kanpur. The Petitioner is the tenant of this accommodation. It was being used as a godown to keep the goods of his business, which is carried on in another shop nearby. Smt. Kesar Devi, Respondent No. 1, the land -lady of the accommodation, applied under Section 3 of the U.P. (Temp.) Control of Rent and Eviction Act, 1947, for permission to file a suit for the ejectment of the Petitioner from the accommodation. She claimed that though she was residing in the remaining portion of the building, it was in sufficient for her need and she urgently required the accommodation in dispute for the residential purposes of her family. The Petitioner contested the application. According to him the accommodation in dispute was land locked on three sides, without any outlet or ventilation. It was fit only to be used as a godown. It could not be used for residential purposes. The. genuineness of the land -lady's need was also denied.
(3.) THE Rent Control and Eviction Officer did not believe the story set up by the land -lady. He held that the accommodation in dispute was not fit for residential purposes. It was useable only as a godown. He held that though the accommodation in the possession of the land -lady was not sufficient for her needs, yet she had failed to make out a case for the eviction of the tenant from the accommodation in dispute. The application WAS accordingly dismissed.;