- (1.) Heard learned Counsel for the petitioners and for the caveator and also perused the record. This petition is directed against concurrent orders dated 10th of May, 1999 and 27th of March, 2010 by which both the Courts below have allowed the release application of the respondent landlord.
(2.) The respondent landlords filed a release application No. 54 of 1997 before the prescribed authority inter alia with the allegation that the petitioner is a tenant of the disputed accommodation of which she is the owner and landlord; that her husband Dr. P.C. Chatterji was Scientist employed in Hyderabad, Andhra Pradesh and was in occupation of a service quarter but he has since retired and therefore had to vacate it and they want to settle in Kanpur where they have no other suitable accommodation except the disputed premises while the petitioner tenants had house No. 3A/157 Azad Nagar in Kanpur where they can shift. The petitioner tenants contested the application inter alia with the allegations that the landlords have bought a house at Hyderabad and both their sons are employed outside Kanpur and there was no genuine need. It was further asserted that the house No. 3A/57 Azadnagar was commercial. It was also asserted that the landlords had executed an agreement of sale in favour of the tenants and a suit for specific performance was pending, therefore, relationship ceased to exist.
(3.) The Trial Court after going through the evidence has found the need to be genuine and bona fide and further finding comparative hardship in favour of the landlords allowed the release application and which order has been affirmed in appeal.;