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AJIT KUMAR
Chhedi Ram Pandey (Deceased) – Appellant
Versus
Malti Bajpai (Deceased) – Respondent
JUDGMENT :
(Ajit Kumar, J.)
Heard Ms. Shreya Gupta, learned counsel for the petitioners and Sri Atul Dayal, learned Senior Advocate assisted by Sri Prakash Chandra Dwivedi, learned counsel for the respondent - landlord.
2. This is a tenant petition filed under Article 227 of the Constitution invoking superintending and supervisory jurisdiction of this Court to question the findings of the prescribed authority as well as the appellate authority on the score of release application being granted exercising power chiefly under Section 21(1)(a) and then at the same time under Section 21 (1) (b) of the U.P. Act No. 13 of 1972.
3. There is no dispute qua jural relationship of landlord and tenant between petitioner and the respondent, however, the plea is set up in defence by the tenant before the prescribed authority as well as before the appellate authority was that tenant had sufficient alternative accommodation in the form of a vacant space behind the shops in question being used as a godown and, therefore, neither the need was so pressing, nor bona fide one inasmuch as on the point of comparative hardships, the petitioner having no other source of livelihood except the business being run
The landlord's bona fide need for premises cannot be questioned by the tenant regarding alternative accommodation; the landlord is the sole arbiter of his needs.
The court established that a landlord's bona fide need for their property does not require absolute necessity, and long-term tenancy does not preclude eviction if the landlord's need is genuine.
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.
The bona fide need of a landlord for eviction under the Uttar Pradesh Urban Buildings Act is a factual determination that should not be interfered with by the courts, and tenants cannot dictate the m....
The central legal point established in the judgment is the significance of the bonafide need of the landlord and the comparative hardship of the landlord and tenant in deciding a release application ....
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,....
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