S.U. Khan, J. - (1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by the landlords respondents No.3 to 5 Smt Duropadi Gupta and others on the ground of bonafide need under section 21 of U.P. Act No.13 of 1972 in the form of P.A Case No. 20 of 1999 on the file of prescribed authority, Ghaziabad.
(2.) According to the landlord building in dispute was being used by the tenant (who is a doctor) as clinic however she and her doctor husband had constructed a nursing home and they were carrying on their medical practice there from and on the first floor of the nursing home they had constructed their residential house. It was also stated that initially tenant was posted as Doctor in Modi Hospital, Modi Nagar, Ghaziabad however she resigned in the year 1998 and took on rent the accommodation in dispute only as a temporary measure until she and her husband constructed their own nursing home. It was also alleged that the nursing home of the tenant was situate at Govindpuri in front of Post Office, G.T.Road, Modi Nagar, Ghaziabad known by the name of Welcome Nursing home and it was three storied building including basement. It was also pleaded by the landlords that landlord applicant No.1/respondent No.5 Devendra Prakash Gupta was doing his wholesale business of Gaurav Medical Agencies in a portion which was adjacent to the front portion in tenancy occupation of tenant petitioner. It was further alleged that the portion in occupation of Devendra Prakash Gupta was having a frontage of only five feet while rest of the frontage of about seven feet was occupied by the tenant. The portion in possession of Devendra Prakash Gupta towards backside was about seven feet wide. The portion in tenancy occupation of petitioner consists of about six or seven feet frontage then a passage of about three feet and thereafter a big portion of about 20 feet length and breadth except a staircase. It was also alleged that Devendra Prakash Gupta was carrying on the business of wholesale of medicines for which accommodation in his possession was quite insufficient. Map of the accommodation in dispute has been supplied during arguments by learned counsel for the landlord which has not substantially been denied by the learned counsel for the tenant. It appears that it was part of release application. In the shop at G.T. Road towards north landlord respondent No.4 Budh Prakash Gupta is carrying on business of medical store.
(3.) Tenant did not deny construction of nursing home. Tenant did not bring on record the dimensions of the nursing home and accommodation available therein. Prescribed authority/III Additional Civil Judge (S.D), Ghaziabad through judgment and order dated 5.8.2002 allowed the release application holding the need of the landlords to be bonafide and also deciding the question of comparative hardship in their favour. Against the said judgment and order tenant filed R.C Appeal No. 123 of 2002. A.D.J/Special Judge (C.B.I), Ghaziabad through judgment and order dated 20.3.2003, dismissed the appeal hence this writ petition.;