Mam Chandra Agarwal, J. - (1.) BY this petition under Article 226 of the Constitution of India the petitioners challenge an order dated 7th January, 1997 passed by the VIth Additional District Judge, Saharanpur whereby the landlord respondent's appeal under Section 22 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') being Rent Control Appeal No. 1 of 1990, has been allowed and allowing the landlord's application under Section 21(1) of the Act, the petitioners have been ordered to be evicted from the tenanted accommodation consisting of one room, a small kothari and common bathroom and a latrine situate in the ground floor of a building known as Rishi Bhawan and situate in the Mohalla Rani Bazar in the town of Saharanpur. At the admission stage itself the landlord respondent put in appearance through Sri A.C. Nigam, Advocate who stated that the landlord does not propose to file a counter -affidavit. The writ petition was, therefore, finally heard on merits.
(2.) THE landlord had sought eviction of the petitioners who are joint tenant in the said accommodation being the legal representatives of their mother, the erstwhile tenant, on the ground that he needs the same for his personal use and he has a large family and also that he needs accommodation on the ground floor because his wife is a patient of arthritis and is finding difficult to live in the upper floor and he has suffered a heart attack and undergone heart surgery and he too needs accommodation in the ground floor. The learned Prescribed Authority rejected the application holding the landlord had sufficient accommodation in his possession in the same house. The Appellate Court before whom the additional causes for need, namely the aforesaid illness of the landlord and his wife was asserted, came to the conclusion that the need of the petitioner is bona fide and pressing. The learned Additional District Judge also found that the respondents have during the pendency of the appeal acquired a second storeyed house in Gyan Garden, Chilkana Road, Saharanpur where they can easily shift and, therefore, are not likely to face any hardship. In the petition the facts that the landlord's wife is suffering from arthritis making living in the upper floor of the house uncomfortable and the fact that the landlord too has also undergone heart surgery are not disputed. The finding that the landlords requires the accommodation for the bonafide requirement is a finding of fact and having heard the learned Counsel for the parties at length no cause for interference in this finding of facts is made out. Further, the fact that the petitioners have acquired another house in the same town is also not disputed. Therefore, in terms of the proviso to Section 21 they are not entitled to arise any objection to the application for release. In the result, the writ petition has no force and is hereby dismissed. The parties to bear their own costs.;