Ravi S. Dhavan, J. - (1.) A tenant has filed a petition in this Court impugning two concurrent judgments by which an application under Section 21 of U.P. Act No. XIII of 1972, the premises at 114 Elliot Road, Kanpur have been released in favour of the landlord, one Smt. Sita Devi Shukla.
(2.) The landlord purchased this accommodation by a sale deed on 23rd December 1974 which fact was mentioned in the notice to the tenant, dated 24th December 1979. Subsequently, an application seeking release of the accommodation was filed before the 1st Additional Civil Judge/Prescribed Authority, Kanpur giving rise to the Rent Case No. 224 of 1981 ; Smt. Sita Devi Shukla v. Sardar Beharilal Mathur . The release application was allowed by a decision dated 16th September 1983. Against this, the tenant filed an appeal before the 5th Addl. District Judge, Kanpur, being Rent Appeal No. 223 of 1983; Sardar Behari Mathur v. Smt. Sita Devi Shukla . The learned Additional District Judge aforesaid affirmed the decision of the Prescribed Authority.
(3.) The appellate court considered and assessed the facts and the comparative hardships to the tenant if the release application was allowed and to the landlord if it was denied. The landlord and his family are residing in a single room apartment in the city of Kanpur. The family of the landlord is larger than that of the tenant; there being unmarried daughters and school going children. The appellate court was of the opinion that if the release application was rejected the landlord will face grater hardship than the tenant. The court below even considered an aspect proposed by the tenant. This was to release a part of the accommodation to the landlord. The learned District Judge was of the opinion that this would not solve any problems for the landlord as his position would be no better than residing at the one room apartment where the family resides at present. Upon facts, the two courts came to the conclusion that it was appropriate and in the interest of justice that the accommodation be released in favour of the owner. Accordingly this was done.;