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J. J. MUNIR
Aligarh Sarrafa Committee Sarrafa Bazar – Appellant
Versus
Prabha Rani – Respondent
JUDGMENT :
1. This is a tenants’ petition against an order of release passed under Section 21(1)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (for short, ‘the Act’) passed concurrently by the two Authorities below.
2. The two petitioners, who are effectively one, are tenants in a shop, situate at Sarrafa Bazar, Aligarh, admeasuring 15 square meters, of which Smt. Prabha Rani, respondent no.1 to this petition, is the landlady. The shop aforesaid is held by the petitioners at a monthly rent of Rs.50/-. The said shop shall hereinafter be called ‘the demised shop’.
3. The facts giving rise to this petition are that Smt. Pratibha Rani, respondent no.1, who shall hereinafter be referred to as the landlady, instituted the present proceedings under Section 21(1)(a) of the Act with the case that she purchased two shops, admeasuring 15 square meters, situate at Sarrafa Bazar, Aligarh, through a registered sale deed dated 31.10.1995. Out of the two shops, the smaller one, which has a door of one meter, is in the occupation of the landlady's husband, Manohar Lal Gupta, who carries on the business of a jeweller therein. The
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....
Subsequent events can be taken note of. The High Court, even though referred to the relevance of the subsequent events erroneously came to the conclusion that even if the judgment and order passed by....
The court emphasized the importance of considering changed circumstances and the landlord's comparative hardship in determining the bona fide need for release applications.
Point of Law : It is required on the part of petitioner to search accommodation after filing the release application and in the present case there is no dispute that the petitioner had never made any....
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.
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