- (1.) Heard Sri Q.M. Haque, learned Counsel for the petitioner and Sri Pyush Kumar Agarwal, learned Counsel for the respondents.
(2.) Factual matrix of the present case are that one Sri Umrao Lal, who was the owner-landlord, moved an application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act n. 13 of 1972) for release of shop which is situated in Galla Mandi Mohalla Rani Bazar, Bara Gaon, Gonda. required for his grand sons, namely, Vishnu Kumar, Krishna Kumar and Shyam Sunder, who are grown up and need to run Galla business, and on the basis of the same P.A. Case No. 48 of 1995 was registered before Civil Judge (Senior Division), Gonda .
(3.) The petitioner/tenant filed his written statement, disputing the allegations made in the release application and specifically stating therein that Vishnu Kumar is running rice, pulse and oil Mill in the name of Vishnu Rice Mill in Mohalla Baragaon Gonda from the last seven years, Krishna Kumar is running offset Printing and Computer Designing business in Jai Hind Complex Lucknow in the name of V.A.N.P.A.C.- Perfect Printer System and the third one Shyam Sunder is working as a partner in firm known as Ram Deo- Onkar Mall Rice Pulse and Oil Mill in Mohalla Baragaon, Gonda thus none of the grandsons of the landlord are unemployed, so need as set up by the landlord for release of the premises in question is neither genuine nor bona fide rather the same is artificial one.;