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RAKESH TIWARI
Annapurna Gupta – Appellant
Versus
Dwarika Nath – Respondent
JUDGMENT
Hon’ble Rakesh Tiwari, J.—This is landlady’s petition challenging the validity and correctness of judgment dated 12.9.2005 passed by Special Judge (S.C/S.T Act) in Rent Control Appeal No. 115 of 2004 setting aside the judgment and decree dated 27.9.2004 passed by the Prescribed Authority/Additional Judge, Small Causes Court, Allahabad in P.A. Case No. 21 of 1994.
2. Smt. Annapurna Gupta- petitioner (landlady) filed release application, registered as P.A. Case No. 21 of 1994 under Section 21(1)(a) of he U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as ‘’the Act’) against Sri Dwarika Nath- respondent on the ground of bona fide need of the disputed accommodation comprising of three-doors shop for her three adult sons- S/Sri Sandeep Kumar, Pradeep Kumar and Sudeep Kumar.
3. The release application was contested by the tenant-respondent denying the plaint allegations on the ground that the petitioner-landlady owns a building bearing No. 365 in new Mumfordganj, Allahabad which consists of several rooms where her adult sons can be settled in business. That apart, it was also alleged that the landlady has also other huge ancestral
The concept of bona fide need requires a genuine desire for premises, and the landlord's choice of accommodation should be respected by the court.
The main legal point established in the judgment is that the landlord's bona fide need for the shop, the comparative hardship between the landlord and the tenant, and the lack of efforts by the tenan....
The landlord's need for release should be judged disparately, and the tenant cannot question and compel a landlord to live in a particular manner. The landlord is the best judge of his residential re....
The landlord is the best judge of his requirement and the tenant cannot dictate the landlord as to how and in what manner he should live. The availability of other vacant shops, as pleaded by the ten....
The court established that a landlord's bona fide need for their property does not require absolute necessity, and long-term tenancy does not preclude eviction if the landlord's need is genuine.
Point of law: perusal of the provision, quoted above, shows that the following categories of persons fall within the meaning of landlord : (1) any person for the time being entitled to receive rent i....
Point of Law : Once a tenant has himself got a residential accommodation, or through any member of his family who has been normally residing with him or is wholly dependent on him, in a vacant state,....
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