S.U.KHAN, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS is tenants' writ petition arising out of eviction/release proceedings initiated by landlord respondent No. 2 Sanjeev Kumar on the ground of bona fide need under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Property in dispute is a house rent of which is Rs. 60/- per month. Release application was registered as P.A. case No. 40 of 1997. Prescribed Authority/Addl. J.S.C.C. Bareilly through judgment and order dated 15.9.2000 dismissed the release application. Against the said judgment and order landlord respondent No. 2 filed R.C. Appeal No.18 of 2000. A.D.J. Court No. 6, Bareilly through judgment and order dated 7.5.2002 allowed the appeal set aside the judgment and order passed by the Prescribed Authority and allowed the release application of the landlord, hence this writ petition by the tenant. Landlord pleaded that in family partition in the year 1982 he got four houses i.e. house No. 514-B, 469-B, 470-A(disputed one) and western portion of 470-G. It was further pleaded that house No.514-6 was sold by the landlord in the year 1986. Nothing has been pointed out regarding western portion of 470-G. In respect of house No. 469-B, landlord asserted that he had taken loan from his brother's wife, Smt. Namrata Agarwal and as a security for payment of the loan he gave the said house to her and she was realising the rent of the said house as interest of the loan. Tenant asserted that the said house i.e. house No. 469-B was got vacated by the landlord through release proceedings under Section 16 of the Act, however, afterwards it was let out to two tenants. Landlord could not show that any registered or even written mortgage deed was executed by him in favour of his brother's wife.
(3.) LANDLORD further pleaded that he was residing alongwith his father and his father was compelling him to vacate. It appears that in the partition father got house No. 477 in which landlord was residing. Unfortunately, father of the landlords died during pendency of release application on 12.11.1999 and the said fact was brought on record. The landlord himself gave the details of the properties which he got in partition in an affidavit filed before Prescribed Authority, copy of which is Annexure 3 to the writ petition.;