- (1.) M. Katju, J. This writ petition has been filed against the impugned order, dated 31-3-1993 and 8-3-1995 (Annexures 9 and 10 to the writ petition ). I have heard Shri D. V. Jaiswal, learned counsel for the petitioner and Shri G. M. Tripathi, appearing for the respondent landlady and find no merit in this petition.
(2.) THE landlady filed an application under Section 21 (1) (a) of U. P. Act XII of 1972 which was allowed by the Prescribed Authority and the appeal against the said order has been dismissed by the impugned order, dated 8-3-1995. Aggrieved this petition has been filed in this Court. Admittedly the landlady is living in a tenanted house and she wants to shift into her own house. In my opinion if a landlord/landlady is living in a tenanted house then he/she has a right to live in his/her own house. It will be wholly unreasonable to compel the landlord/landlady to continue living in a tenanted house when ha/she has built/acquired his/her own house. The courts below have recorded findings of fact that the need of the landlady is bonafide and genuine and has also held that whenever there is any order of eviction the tenant, is bound to undergo hardship but this does not mean that no eviction order could be passed against the tenant. Thus, there is no force in this petition. It is accordingly dismissed. However, on the facts and circumstances of the case I grant the petitioner one year's time to vacate the premises in dispute. He shall hand over vacant and peaceful possession of the accommodation in dispute to the landlady without creating any hinderance on or before 1-5-1996 and shall pay rent regularly till then. No order as to costs. Petition dismissed. .;