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MANISH KUMAR
Shyam Chandra – Appellant
Versus
District Judge Sultanpur – Respondent
JUDGMENT :
Manish Kumar, J.
1. The present writ petition has been preferred for setting aside the impugned judgment and order dated 30.04.2008 passed in Rent Appeal No. 01 of 2007 in re Shyam Chandra and another versus Ram Gopal and also the judgment and order dated 13.02.2007 passed in P.A. Case No. 249 of 1997 by the Court of Prescribed Authority/Additional Chief Judicial Magistrate, Court no. 17, Sultanpur; with a further prayer to direct respondent no. 3/private respondent to vacate and handover the peaceful possession of tenanted portion.
2. During the pendency of the present writ petition, the petitioner no. 2 has died and her legal heirs/representatives have been substituted as petitioner no. 2/1 and 2/2 as per the order dated 24.02.2011.
3. Learned counsel for petitioner has submitted that the respondent no. 3/private respondent is the tenant in the shop of which the petitioner is the landlord. The respondent no. 3 is a tenant since the time of father of petitioner no. 1.
4. It is further submitted that an application was preferred by the petitioners/landlords, under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (herei
The landlord's need for release of premises cannot be dictated by the tenant, and the landlord is the best judge of his need. The court cannot advise the landlord on how to carry out his business or ....
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 concept of bona fide need requires a genuine desire for premises, and the landlord's choice of accommodation should be respected by the court.
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,....
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....
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