D.N. Jha, J. - (1.) Petitioner Smt. Malti Sharma has directed this petition under Article 226 of the Constitution praying for issue of a writ in the nature of certiorari quashing the order passed by the Prescribed Authority dated 31-10-1979 refusing to grant release of the house in question and the order dated 15-5-1981 passed by the VIth Additional District Judge, Lucknow dismissing the appeal.
(2.) The facts giving rise to this petition are that petitioner is the landlady of the House No. 499/196 Gokaran Nath Misra Park Road, P.S. Husainganj, Lucknow which was purchased on 19-1-1976 through a registered sale deed. The petitioner along with her husband, two daughters and two sons had been living in the house belonging to her brother-in-law Sri Ram Lakhan Sharma at 58 Chhitwapur Road, Lalkuan, Husainganj, Lucknow. She moved an application under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) after expiry of the statutory period for release of the accommodation claiming that her need was bona fide. The Prescribed Authority after considering the various factors recorded a finding that the need was not bona fide and hence he rejected the application. These findings have been affirmed in appeal and the same was dismissed. This is how this petition is before this court.
(3.) I would have not have ordinarily interfered in this petition but, it was emphasised that husband of the petitioner died on 28-6-1984 and the relations with brother-in-law became strained. I, therefore, proceeded to hear the learned Counsel for the parties to this litigation. It is now well settled that intervening facts can also be taken into account while determining the question of bona fide need. It has already been mentioned above that husband of petitioner is no more alive. The eldest daughter of the petitioner Madhu Sharma has been married. Thus the members now left are petitioner herself, Kumari Ranjana Sharma who is studying in M.A. Lucknow University and the two sons who are studying in Jail Narain Degree College. The petitioner as has been mentioned above is residing in the house belonging to her brother-in-law. The accommodation in possession of the petitioner's family consists of one room measuring 16' X 7' and a Kothri 8' X 8' and an open terrace 8' X 8'. This accommodation is in the first floor. The latrine and bathroom in the ground floor is shared with the family of brother-in-law and other persons living in the said house. The other residents is Sri Vinod Kumar Sharma who lives in the ground floor and is a diploma engineer in P.W.D. He is the close relative of Mrs. Ram Lakhan Sharma. The other resident in the house is Gaddu a close relation of Sri Ram Lakhan Sharma who is studying in Jainarain Degree College.;