A.N. Dikshita, J. - (1.) BY means of this petition under Article 226 of the Constitution the Petitioner has sought the relief of certiorari for quashing the order dated 15 -11 -1980 passed by the VI Additional District Judge, Bareilly, Respondent No. 1.
(2.) BRIEFLY stated the facts are that Smt. Naraini, landlady, owner of premises No. 561 Siklapur, Bareilly, who is Respondent No. 3 to the petition, filed an application under Section 21 of U.P. Am XIII of 1972 as amended upto date for the release of the accommodation in occupation of the Petitioner in his capacity as a tenant on a monthly rent of Rs. 40/ -. It was stated in the release application by Respondent No. 3 that she being all alone had let out the lower portion to the Petitioner. It has also been alleged in the said application that the Petitioner assaulted Respondent No. 3, the landlady, on 22 -1 -1978 and again on 25 -5 -1978 for which a first Information report was lodged. Being scared on account of such assaults and threatening postures of the Petitioner the Respondent No. 3 requested her mother -in -law to live with her and to which request the latter acceded. 2 -a. The Respondent No. 3 needed the accommodation in the occupation of the Petitioner for her own use and occupation. It was also stated by Respondent No. 3 in her release application that the Petitioner had in his possession a big palatial parental house where he could conveniently shift without any hardship, The release application was filed by Respondent No. 3 as early as 1 -6 -1978. The Petitioner contested the application for release filed by Respondent No. 3 denying the allegations as contained in the said application. The accommodation was occupied by the Petitioner in the year 1971 and he had improved the same for a comfortable living by investing an approximate sum of Rs. 4000/ -. The Petitioner though admitting the existence of a parental house denied that there was any extra accommodation to accommodate him as his brothers were residing therein.
(3.) NECESSARY affidavits and counter -affidavits were filed by the parties in support of their respective contentions.;