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1998 Supreme(All) 1158

J.C.GUPTA
RAM DEVI – Appellant
Versus
VIIITH ADDITIONAL DISTRICT JUDGE, KANPUR AND OTHERS – Respondent


Advocates Appeared:
Sheo Kumar Singh, VINOD MISHRA


J. C. GUPTA, J.

( 1 ) THIS landladys petition,

( 2 ) THE dispute relates to a portion of residential house No. 118/500. Kaushalpuri, Kanpur which is in occupation of respondent No. 3 as tenant on behalf of the petitioner-landlady. The landlady moved an application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972, (hereinafter referred to as the Act), against respondent No. 3 for releasing the said accommodation in her favour on the ground that she was in dire need of additional accommodation because the accommodation already in her occupation was not sufficient to cater the need of her family members which consisted of herself, three married sons their wives and grandchildren, it was further alleged that her mother-in-law Smt. Ram Dulari was also living with her. The landlady has in her occupation only two rooms measuring 8 x 8 a kothari measuring 6 x 3 and a verandah, whereas the family of the tenant consisted of himself, his wife and two children. Therefore, the landlady would suffer a greater hardship than that of the tenant in case the application was rejected. The application was contested by the tenant on a number of grounds. It was alleged that one of the sons of the


























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