Surya Prakash Kesarwani, J. - (1.) Interpretation of word "entertained" used in Section 21(1)(a) of U.P. Act No.13 of 1972, and the waiver of period of six months notice and comparative hardship are the questions involved in the present petition. 1. Heard Sri V.P. Singh, learned counsel for the defendant-tenant/petitioners and Sri Pankaj Saksena, learned counsel for the plaintiff-landlady/respondent.
(2.) Briefly stated facts of the present case are that one Umashanker Bohare was original owner and landlord of House No.291 (new No.628, current No.186), Azadganj, Sipri Bazar, Jhansi. Ancestor of the defendant-tenant/petitioners was the tenant and the tenancy was succeeded by the petitioners. The aforesaid Umashanker Bohare sold the disputed house to the plaintiff-landlady/respondent no.1 by a registered sale deed dated 21.01.2010. According to the plaintiff-landlady/respondent no.1, the intimation of purchase of the aforesaid house was given by her to the defendant-tenant/petitioners on 21.01.2010 itself. However, rent was not paid by the defendant-tenant/petitioners. Therefore, the plaintiff-landlady issued a notice dated 03.08.2010 to the defendant-tenant/petitioners terminating the tenancy and demanded arrears of rent. Neither the house was vacated nor the rent was paid by the defendant-tenant/petitioners. Therefore, the plaintiff-landlady/respondent no.1 filed the release application on 28.08.2010, under Section 21(1)(a) of U.P. Act No.13 of 1972, on the ground of her bonafide need and default in payment of rent.
(3.) The defendant-tenant/petitioners filed a written statement on 29.11.2010 in which he specifically denied the ownership of plaintiff-landlady stating that the house was owned by one Shanker Lal and after his death it was inherited by his son Hira Singh and thereafter it was inherited by Tara Devi, wife of Hira Singh. The plaintiff-landlady has specifically denied it and stated on the basis of evidences on record that a Suit No.31 of 1965 in respect of the disputed house was filed and the aforesaid Hira Singh lost it. Thereafter, he filed First Appeal No.330 of 1977 which was dismissed by the High Court by judgment dated 16.10.1979. He filed the Second Appeal No.670 of 1980 before the Hon'ble Supreme Court which was dismissed by Hon'ble Supreme Court by judgment dated 27.04.1994. Thereafter, his wife Tara Devi filed Suit Nos.386 of 1999 and 44 of 2000, in the Court of Civil Judge (S.D.) which were jointly heard and dismissed by judgment dated 30.04.2011. Copies of all these judgments were filed alongwith an affidavit. Thus, relevant judgments were brought on record that Umashanker Bohare was the owner and landlord of the disputed house who sold it to the plaintiff-landlady/respondent no.1.;