Prakash Krishna, J. - (1.) THIS is a tenant's petition in respect of House No. 47/91, New No. 47/91 -A, Hatia, Kanpur. The ground floor of the said premises is being used by the petitioner -tenant under a separate tenancy, for commercial purpose. The first floor thereof is in occupation of the petitioner -tenant, which is in dispute in the present writ petition, for residential purpose. The respondent No. 3, Ramrati Devi, who is the landlady of the said premises, applied for release of the residential portion of the house i.e. the first floor on the ground that she needs additional accommodation, looking to the strength of her family members. She stated that she has got three married daughters, one un -married daughter and one son who, along with family members, is residing with her in a one -room accommodation.
(2.) THE release application was contested by denying the allegations made therein on the ground that the landlady's son in living separately with his one of the relatives (Foofa) and, therefore, his need cannot be looked into. It was further pleaded that looking to the extent of family members of the landlord, the requirement for additional accommodation is neither bona fide nor genuine. The prescribed authority, by the judgment and order dated 28.5.1993, passed in Rent Case No. 67 of 1982, dismissed the release application on the ground that Ashok Kumar, the lone son of the landlady, is residing with his family members in house No. 46/104 at Badshahi Naka, and not with the landlady in house No. 47/91, Hatia, Kanpur. It was further held that looking to the family members of the landlady, out of five daughters, four have already married (out of four daughters, three have already married, as mentioned in the release application) and the existing accommodation in her possession is sufficient. The said order has been set aside in Rent Appeal No. 110 of 1993, by IInd Additional District Judge, Kanpur, by the impugned order dated 26.2.1994.
(3.) HEARD the learned Counsel for the petitioner -tenant. None appeared on behalf of the respondent -landlady, either on 14.5.2007, or on 15.5.2007, when the writ petition was heard finally.;