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1979 Supreme(All) 855

MURLIDHAR
Shri Ram – Appellant
Versus
IInd Additional District Judge, Bijnor – Respondent


ORDER

Murlidhar, J. - This is a tenant's petition under Article 226 of the Constitution arising out of proceedings under section 21 of U.P. Act 13 of 1972.

2. The respondents no. 3 and 4, who are landlords, are residing in a tenanted house and applied under section 21 of the Act for release of the disputed premises on the ground of pressing need for their large family of 15 members for whom the accommodation in the tenanted premises was alleged to be wholly insufficient. The disputed premises are apparently in a bad state of repairs. The number of petitioner's family members is four and two of them, namely, the petitioner and his son are earning members. 1 he prescribed Authority allowed the application. In appeal by the petitioner, the District Judge after considering the number of the landlords' family members and the accommodation with them held that their requirement for additional accommodation was bona fide and genuine. Coming to the question of comparative hardship the District Judge noted the number of members of the tenants family and went on to observe :

"Admittedly, the tenant and his son carry on business and are earning members in their family. They also require an acco

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