ABDUL HAFEEZ KHAN Vs. IIIRD ADDITIONAL DISTRICT JUDGE
LAWS(ALL)-1997-3-203
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on March 20,1997

Abdul Hafeez Khan Appellant
VERSUS
IIIRD ADDITIONAL DISTRICT JUDGE Respondents

JUDGEMENT

A.S.GILL,J. - (1.) IN this writ petition petitioners have challenged the order dated 14th March, 1986, copy of which is Annexure 4 on the file. The brief facts of the matter are that the present petitioners are the owners/landlords of their house which is given on rent to opposite parties Nos. 2 and 3. Petitioners filed an application under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 seeking release of the premises after ejectment of the tenants from their premises on the ground that their son has since passed his law course and has started his practice in Tahsil Nanpara and the premises are required for his residence and office, besides that the house in question is in dilapidated condition and requires reconstruction after demolition of the existing constructions.
(2.) THE petition was contested by the tenants inter alia on the ground that the son of the petitioners in fact is practising at Bahraich and not at Nanpara and the need is not bona fide, besides that they do not own any other house and their eviction would result in hardship to them. The learned Prescribed Authority on the basis of the evidence adduced before it allowed the petition in favour of the landlords by his order dated 22.11.84 copy of which is Annexure-3 on the file. The tenants took the matter in appeal before the District Judge, who by the impugned order dated 14.3.86 (Annexure-4) allowed the appeal and dismissed the application of the landlords.
(3.) THE learned Counsel for the parties have been heard.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.