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2006 Supreme(All) 3211
[2007(1) ADJ 26 (NOC)]
ALLAHABAD HIGH COURT
BEFORE: RAKESH TIWARI, J.
JAGDISH KUMAR .....Petitioner
Versus
RAMESH CHANDRA SHARMA .....Respondent
(Civil Misc. Writ Petition No. 45866 of 2004, decided on 12th December, 2006)
Advocates:
Counsel:
Smt. Sunita Agrawal for the Petitioner; Pankaj Bhatia for the Respondents.
Counsel:
Smt. Sunita Agrawal for the Petitioner; Pankaj Bhatia for the Respondents.
Headnote:(A) U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972Section 21(1)(a)—Release application—On ground of personal need—Trial Court allowed release application—Petitioner-tenant having acquired alternate accommodation—Irrespective of fact whether it was acquired prior to filing of release application or thereafter—He has no legal right to continue in possession of disputed accommodation—-Cannot take any objection regarding bonafide need and comparative hardship in release application—Therefore, direction issued to hand over peace full possession of accommodation to respondent—landlord within two months.
(B) U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1912—Object—To regulate rent and letting to tenants and their eviction—Certain categories of tenants have been given no right to continue in tenanted accommodation—One of which is that if a tenant or any member of his family acquires a residential accommodation in a vacant state—He cannot gain by selling the house and then pleading that he has no roof over his head when release application is filed.
