S.D.Agarwala - (1.) -This is a petition under Art. 226 of the Constitution of India arisicg out of proceedings under section 21 (1-A) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).
(2.) THE premises in dispute is a house bearing no. 63 (old no. 23), Raipur Road, Dehradun. C. K. Thakkar, respondent no. 2, is the landlord. THE Colonel Brown Cambridge School is the tenant. Sri C. K. Thakkar was employed in the Indian Railways and at the time when the release application was made, he was an Additional Chief Electrical Engineer in the Western Railway residing in Bombay. He retired on 31st December, 1985. He moved the release application under section 21 of the Act on 31st December, 1984, one year before the date of his retirement, on the ground that he was entitled to the benefit of Section 21 (1-A) of the Act. In the application, it was further alleged that after retirement, he would settle down at Dehradun. His father had been residing at Dehradun. It was further stated that he did not own or possess any other property and, as such, needed the property genuinely and bona fidely for his own use and occupation on his retirement. C. K. Thakkar further alleged in the application for release that he has got son and daughter. His son is a Marine Engineer and is of marriagable age and is employed in the Marchant Navy. Since he is in the Marchant Navy, the family of the son, when married, would not of the time, be residing with him. It was also stated that the daughter has passed her M. B. B. S. Examinations in the year 1982 and was pursuing her Post-graduate studies and that she was keen and desirous of starting her practice at Dehradun.
(3.) THE release application was contested by the petitioner on the ground that the need set up by C. K. Thakkar, the landlord, was not a bona fide need. In fact, it was alleged that the application itself was not bona fide, as the application for release was made with an ulterior motive with a view to dispose of the property for making high profits. THE petitioner further asserted that it is a most renowned educational institution of the country and students from all over the country and outside India come and study at the school which runs classes from class I to I. C. S. E. and the school is run on public school lines. It was further alleged that it admits residential students and there are about 460 students in different age groups of classes, who are getting modern education with the best staff in the school. It was alleged that the property in dispute was taken on rent about forty years back besides other buildings and that the building is used as a dormitory in which 35 students sleep in the night. THE students sleep in the main building, which is known as the Patel House. In the annexe, teachers and members of the staff reside while the outhouses are being occupied by the Chowkidar and Mali etc. The Prescribed Authority by its judgment dated 21st March, 1986, dismissed the application for release holding that the application was not bona fide. Aggrieved by the said decision, C. K. Thakkar filed an appeal under section 22 of the Act. The appeal came up for hearing before the 2nd Additional District Judge, Dehradun and by judgment dated 2nd March, 1987, the appeal was allowed. The application of the landlord under section 21 (1-A) of the Act was allowed and the premises in dispute was released in favour of the landlord.;