Mahesh Singh and Others vs VII Additional Distt.Judge,Kanpur and Another

A. K. Yog, J.—The present writ petition has been filed challenging the order dated 19th April, 1978 passed by respondent No. 2 and order dated 28th July, 1980 passed by respondent No; 1 whereby the application of the landlordpetitioners under Section 16(l)(b), UP. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Act No. XIII of 1972 (for short called the Act) was rejected.

I have perused the orders carefully. The Delegated Authority/Rent Control and Eviction Officer in its order dated 1941978 (Annexure VI to the writ petition) has observed that the landlord and his family was living in another House No. 116 Faithfulganj, Kanpur, which comprises of 5 rooms 8'' x 8'', 2 rooms 12'' x 8'' and courtyard and 2 galleries, verandah, kitchen and latrine. The family of the landlord consisted of four couples (8 adult brothers, 7 adult sons and daughters and 2 minor children). The District Judge did not care to scrutnise the matter and appears to have proceeded in a mechanical manner to accept the order dated 19th April, 1978 passed by the Delegated Authority. The Courts below failed to appreciate that the need of the landlord has definitely changed. Apart from the material on record, application for release was filed in April, 1974. About 25 years have passed. World has changed. The landlord need must have changed. In view of the above, it is appropriate that the landlord''s should be required to file a fresh application for release under Section 16(l)(b) of the Act so that the authorities may determine the case on merit in accordance with law. The landlord is permitted to amend the application and file afresh evidence in support of his case, if so advised.

In view of the above the writ petition is allowed and the impugned order dated 19th April, 1978 passed by the

Delegated Authority/Rent Control and Eviction Officer and order dated 28th July, 1980 passed by the respondent No. 1 (Vllth Additional District .Judge, Kanpur) are being set aside. The case is being sent back to respondent No. 2, Delegated Authority/Rent Control and Eviction Officer Kanpur to decide the landlord''s application for releasing under Section 16 (1) (b) of the Act. Petition allowed.