S.U.KHAN, J. - (1.) THIS is tenant's writ petition arising out of evic­tion/release proceedings initiated by landlady respondent No. 1 against her on the ground of bona fide need under section 21 of U.P. Urban Buildings (Regulation of Letting. Rent & Eviction) Act, 1972 registered as P.A. Case No. 16 of 2001 on the file of Prescribed Authority Civil Judge (Junior Division), Jhansi. Prescribed Authority allowed the release application through judgment and order dated 5th November, 2004. Against the said judgment and order R.C. Appeal No. 22 of 2004 was filed, which was dismissed on 17th February, 2006 by ADJ/Special Judge (SC & ST) Act, Jhansi, hence this writ petition.
(2.) MAP of the property in dispute is on Page-26 of the Paper Book. The area of total tenanted accommodation is about 480 square feet. It consists of one room, open Court-yard, kitchen and a make shift room with cement sheet, roof (termed as tarp in the local term). Adjoining to the accommodation in dispute, there are three rooms and open space in occupation of the landlady. The main grievance of the landlady was that she was not having any latrine or bath­room. Para-6 of the release application translated in English is as follows: - "That, at present, applicant is having only three rooms and court-yard in her possession and in the said portion neither there is any latrine nor bath room, hence applicant requires space and constructed portion for the bath-room etc. for her own use and for the use of her daughters." In the next paragraph, it was stated that accommodation was also short and in case accommodation in dispute was released in her favour, then she would construct latrine and bath-room and she would be able to provide ac­commodation for her children for sleeping and reading separately. Both the Courts below found that the need was bona fide and balance of hardship lay in favour of the landlady.
(3.) INCIDENTALLY , there is no latrine and bath-room in the tenanted accom­modation also.;