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2010 Supreme(UK) 454

TARUN AGARWALA
MIZAN SINGH – Appellant
Versus
MUNNI GOEL – Respondent


Advocates appeared:
For the Petitioner:Mr. V.K. Kohli, Sr. Advocate, assisted by Mr. H.M. Bhatia, Advocate
For the Respondent:Mr. J.P. Joshi, Advocate

JUDGMENT

The landlady/opposite party filed an application u/S 21(1)(a) of the U.P. Act No. 13 of 1972 for the release of the accommodation in the occupation of the tenant on account of her personal need for her family members.

2. The landlady contended that she had four rooms in her occupation on the first floor of the building which comprised of two bed rooms, one dining room and one drawing room apart from a kitchen and a bath room. The landlady contended that she is about 75 years old and her husband is 78 years old and, on account of old age and, being arthritic, it had become very difficult for her to climb the stairs leading to the first floor. Further, her husband was operated for prostrate and her husband had been advised not to climb the stairs after the operation. Other than that, the landlady’s son, daughter-in-law and a 15 year old grandson were also residing in the same premises and a separate room was also required for the growing need of the grandson. On the other hand, the tenant was living in the accommodation on the ground floor and, over the years, had made additions and alterations in the said accommodation and had also started a dairy business. The landlady su
























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