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2016 Supreme(All) 234

ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : ANIL KUMAR, J.
DHARMENDRA SINGH SONKAR ....Petitioner
Versus
ADDITIONAL DISTRICT AND SESSIONS JUDGE (P.C. ACT) LKO. AND OTHERS ....Respondents
(Rent Control No. 516 of 2016, decided on 12th February, 2016)

Advocates:
Counsel :
Surya Mani Singh Royekwar for the Petitioner; Anurag Srivastava for the Respondents.

Headnote:U.P. Urban Buildings (Regulation of Letting, Rent and Eviction Rules, 1972 – Section 21(1)(a) – Eviction – Bona fide need of landlord – Petitioner required accommodation for his son – Tenant did not made any effort to search an alternative accommodation after filing release application – No comparative hardship against tenant – Need of landlord found to be more genuine and bona fide – Held, findings of fact recorded by Court below, could not be interfered while exercising power of judicial review under Article 226 of Constitution of India, 1950. [Paras 29 to 36]

       Result; Petition Dismissed.

JUDGMENT

Hon’ble Anil Kumar, J.—Heard Sri Umesh Chandra, learned Senior counsel assisted by Sri S.M.S. Royekwar, learned counsel for petitioner Sri Kabir Ahmad and Sri Anurag Srivastava, learned counsel for respondents and perused the record.

2. Owner/landlord Girish Dhan, owner-landlord of building No. 19, Gautam Budh Marg, P.S. Quiserbagh, Lucknow, bounded as under :

East

Latouche Road/Gauam

Budh Marg, Lucknow

West

Qaisergabh Sabzimandi

 

North

Amature building known as

Hamid Estate Building

South

Rasta of Qaisergagh Sabzi

Mandi

3. On 20.11.2011, landlord moved an application under Section 21(1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction Rules, 1972 in respect to first floor of the building comprising of one hall, two rooms, latrin, bathroom, kitchen and angan (hereinafter referred to as premises in dispute) under the tenancy of the petitioner on a monthly rent of Rs. 295/- on the ground that the landlord and his family members are residing in House No. 116/108, Ghasyari Mandi, P.S. Qaiserbagh, Lucknow, the ground floor of the house is occupied by different tenant and on the first floor of the aforesaid house, landlord/respondent No. 3 and his family members are residing. The accommodation available in the said house with the applicant/landlord comprising two rooms, Pooja Ghar, Baithak, Two stores, kitchen, angan, latrin and bathroom and the family of the applicant is as follows :

(i) Applicant who is a business man in the city of Lucknow

(ii) Wife of applicant. She is a house wife.

(iii) Sri Navin Dhan Das gupta son of applicant. He is doing business with the applicant.

(iv) Wife of Sri Navin Dhan Das Gupta. She is a housewife.

(v) Km. Ananya Gupta aged about 6 years daughter of Sri Navin Dhan Das Gupta. She is a student of Christ Church College, Lucknow

(vi) Km. Bhavya Gupta aged bout 4 years daughter of Sri Navin Dhan Das Gupta

(vii) Sri Nitin Dhan Das Gupta son of applicant. He is doing business with the applicant.

(viii) Wife of Sri Nitin Dhan Das Gupta.

4. So the premises under the tenancy of the petitioner is needed because the relationship between the wife of Sri Nitin Dhan Das Gupta is not cordial, due to this reason, the peace in the family of the applicant is disturbed. As such, the applicant/landlord decided to shift Sri Nitin Dhan Das Gupta and his wife from house 116/108, Ghaayari Mandi, P.S. Qaiserbagh, Lucknow to House No. 19 Gautam Budh Marg, P.S. Qaiserbagh, Lucknow i.e. in the premises in question. Sri Nitin Dhan Das Gupta and his wife are ready to reside in the premises in question, argued to vacate their present residential accommodation just to maintain peace in the family of the applicant. As such, the need of the applicant for the premises in question is genuine, bona fide and pressing one.

5. Accordingly, P.A. Case No. 80 of 2011 (Girish Dhan Das Gupta v. Sri Dharmendar Singh Sonkar) has been registered before prescribed authority/Fist Additional Judge Small Causes Court, Lucknow/respondent No. 2.

6. On 10.11.2012, petitioner, tenant filed his written statement to which applicant filed his replication on 7.8.2012. Prescribed authority/Fist Additional Judge Small Causes Court, Lucknow by order dated 19.11.2012 allowed the release application moved by the landlord under Section 21(1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction Rules, 1972.

7. Aggrieved by the same, petitioner filed a Rent Appeal No. 1300079/2012 (Dharment Singh Sonkar v. Girish Dhan Das Gupta), by order dated 18.12.2015, appellate authority, dismissed the appeal.

8. Sri Umesh Chandra, learned senior counsel for petitioner while challenging the impugned orders dated 18.12.2015 and 19.11.2012 passed by respondent Nos. 1 and 2 submits that the need of the tenant is more genuine and bona fide in comparison to need of the landlord. In order to elaborate












































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