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2004 Supreme(All) 1365

TARUN AGARWALA
Furqan Ahmad alias Mana – Appellant
Versus
VIIth A. D. J. , Saharanpur – Respondent


Advocates:
Counsel for the Petitioners: M. A. Qadeer.
Counsel for the Opposite Parties : A. K. Singh and R. K. Awasthi, S.C.

JUDGMENT

Tarun Agarwala, J.—The landlord-respondent filed an application under Section 21 (1) (a) of U. P. Act No. 13 of 1972 praying for the release of the premises in question for her personal need and for the members of her family. The landlord alleged that she has three sons out of which one of them has been married and other two sons were also of marriageable age and, therefore, requires the additional accommodation in order to give privacy and space to her children. The landlord pleaded that she has only two rooms, one store and two verandah in her possession, which were insufficient for her requirement.

2. The release application was contested by the petitioners, who contended that the release application was not bona fide and was mala fide and that the accommodation in possession of the landlady was more than sufficient and that the remaining two sons were not likely to get married and, therefore, she does not require additional accommodation. The petitioners further contended that respondent No. 3 was only a landlord for the purposes of collecting the rent and that she was not the owner of the premises in question. The petitioners contended that the owner and landlord of th














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