Nidhi vs Ram Kripal Sharma (D) Thr. Lrs

2. Brief facts of the present case are that the appellant is the owner and landlord of the premises in question, which is a non-residential accommodation. Allegedly, the premises was let out by ancestors of the appellant’s family when they did not require the premises for personal use as the previous owner of the accommodation Smt. Krishna Devi wife of Kunwar Mahendra Pratap Singh had adequate place to reside in. After the demise of Smt. Krishna Devi, appellant Nidhi became the owner of the premises in question and continued to receive rent from the respondent. The appellant filed a release application being PCS No.97 of 1987, under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as U.P. Act XIII of 1972), seeking possession of the suit premises on the ground of her bona fide personal requirement. The appellant alleged that she is in need of the premises as the appellant wants to accommodate her grandparents in the demised house who live in village and are in need of care and medical treatment. Moreover, the appellant alleged that she and her younger sister required separate room for study. It was alleged that the respondent carries out the said hotel business for namesake only and is being carried out by the servant of the respondent. It was further alleged by the appellant that the respondent’s main business is that of a sweet shop and he has sufficient means to take some other place on rent to run his hotel business.

3. Respondent-tenant admitted the tenancy in the property in dispute and resisted the application for release of accommodation, claiming that the appellant and her sister live in a big house called Kath Mahal which has sufficient space comprising of large rooms and large halls. It was averred that the grandparents of the appellant are big landlords in the village and live in a palatial house there and they are unable to climb stairs in the suit premises. Also, the alleged business of sweet shop is run by his son and the entire family is dependent upon the income from hotel business.

12. In the facts of present case, the appellant-landlady herein was living in a small house with her family comprising four members and was not able to accommodate her ailing grandparents who used to visit them frequently for medication purposes and were willing to reside with them permanently as they were living alone in their village where nobody was there to look after them. Appellant in order to accommodate her grandparents with them and in the light of growing needs of her and her younger sister (who were then studying) filed the release application before the prescribed authority and the release order was granted by the prescribed authority in favour of the appellant/landlady directing respondent-tenant to handover vacant possession of suit premises to the appellant. As noticed earlier, during the pendency of appeal, preferred by the respondent-tenant, the appellant got married and settled with her husband. The first appellate court as well as the High Court took note of this as subsequent development and held that the requirement no longer subsists and the claim of personal requirement has disappeared. Of course, during the pendency of lis between the parties, situation underwent a change and the appellant got married to an Indian Revenue Service Officer and started residing with him in Delhi and Mumbai etc. Though the appellant is married and settled with her husband, her bona fide requirement cannot be said to have ended as she wanted the premises not just for herself but to accommodate her parents and grandparents in the suit premises so that they can live together. The family of the appellant is still said to be residing in rented premises in Moradabad, despite having their own suit premises to reside in. In the facts of present case, the change in subsequent events is not such that would deprive the appellant of her right to vacant possession of suit premises as it is a natural event that the daughter of the house would get married and settle with her husband. Though the appellant has got married and shifted to different accommodation with her husband, the actual bona fide requirement of premises is still the same, since her parents and grandparents are still residing separately from each other with no one to look after them. More so, the appellant got married but the family stays where it is and the bona fide requirement of premises for accommodation of parents remains the same. Being married and shifting to other place does not automatically result in extinguishing of bona fide requirement of the appellant as being the owner of property, she alone is to decide what she wants to do with her property.

17. In the result, the appeal is allowed, the impugned order of the High Court is set aside and the order passed by the prescribed authority i.e. Court of Second Upper Civil Judge, Moradabad dated 29.10.1991 is restored. The appellant shall deposit the compensation before the prescribed authority payable to the respondent within four weeks from today. The respondent shall handover the possession of the suit premises within one month from the date of deposit of the amount, failing which the respondent- tenant shall be liable for committing contempt of this Court. No costs.

February 07, 2017