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 under Section 21(1)(a) of Act No.13 of 1972.

JUDGMENT :

The petitioner before this Court, is a landlord, who has put a challenge to the impugned Appellate Court’s judgment, as it has been rendered by the court of 1st Additional District Judge, Kashipur, District Udham Singh Nagar in Rent Control Appeal No.11 of 2017, "Sukhvinder Singh Vs. Apurva Jindal", by virtue of which, the appeal preferred by the respondent/tenant, herein, was allowed, and as a consequence thereto, it had resulted into the setting aside of the order of the release dated 10th October 2017, as passed by the Prescribed Authority/Civil Judge (Junior Division) Kashipur, District Udham Sing Nagar, in the proceedings, which was registered as a PA Case No.6 of 2017, “Apurva Jindal Vs. Sukhvinder Singh”, under Section 21 (1) (a) of Act No.13 of 1972.

2. The precise case of the landlord in the release application was, that the respondent happens to be under the tenant of the petitioner over the tenement in question, which was described as to be a residential accommodation lying in Mohalla Katoratal Ramnagar Road, Premdeep Hotel, Kashipur, District Udham Singh Nagar. The “chaudahai” of the property under the tenancy of respondent was described in the release application itself. Apart from it, it has also come on record, that as far as the factum of relationship of the landlord and the tenant is concerned, it is a fact which is not disputed by either of the parties to the proceedings before the court below. It is contended by the landlord that the property in question was acquired by the landlord by virtue of registered deed of conveyance which was executed in their favour, and the said purchase was made by the landlord in order to meet up the need of the landlord himself, of the accommodation in question, which was under the occupancy of the respondent/tenant, which was bearing a rent of Rs.38/- per month.

3. Prior to the termination of the tenancy, a notice as contemplated under proviso to section 21 (1) (a) was issued by the landlord on 7th November 2016, and thereafter a second notice by way of reminder was issued on 24th April 2015, contending thereof, that ever since issuance of the first notice, asking the respondent/tenant to vacate the premises in question, since he has not vacated the same within in the prescribed time limit therein in the notice, and he has committed the default despite of having a receipt of the notices, which was given for the termination of the tenancy, the release application was sought to be allowed, in order to meet up the personal need of the landlord. There had been a simultaneous proceedings which were held by way of the SCC suit being SCC Suit No.1 of 2015, which was filed after the issuance of the notices on 24th April 2015, on the ground of default, and also for the purposes of attracting the provisions contained under subsection (4) of Section 20 of the Rent Control Act, due to balance arrears of rent, and non timely remittance of rent.

4. The landlord in the release application has come up with a case, that since the applicant being an industrialist, he wants to comfortably accommodate his family, according to his social status, and the said need, as expressed by the applicant in the release application, i.e. to meet the needs of the family members according to the social status of the landlord and the said aspect has always been considered by the various precedents of the courts i.e. it is always the prerogative of the landlord to occupy an accommodation, which is under his ownership, and to spent his life comfortably according to his social status, which he enjoys in the society. He further submitted in the release application, that for the purposes of operating the business in which he is engaged, and also for the purposes of discharging the other various allied domestic work, he requires various domestic employees at his place for work to perform the duties of the domestic responsibilities, and hence his need was also expressed, that he will be needing certain servant q