- (1.) Heard Sri R.N. Singh, learned Senior Advocate assisted by Sri A.K. Rai, Advocate for the petitioner and the Counsel for the respondent caveator. This petition by the tenant is directed against concurrent orders dated 30.9.2009 and 8.4.2010 by which both the Courts below have allowed the release application filed by the respondent-landlord.
(2.) The respondent landlord filed an application for release under section 21(1)(a) of the U.P. Act No. 13 of 1972 (hereinafter referred to as the Act) with the allegation that he was the landlord and owner of House No. 52/1/1 Mohalla Laxmikund in Varanasi where the father of the petitioners Late Kashi Nath Yadav was the tenant and after his death both the petitioners became joint tenants of three rooms, a small covered space used as kitchen, store, toilet at the rate of Rs. 1500/- per month (hereinafter referred to as the disputed premises).
(3.) It was further pleaded that the landlord who is an acute heart patient is residing on the second floor of the building consisting of four living rooms, store room, kitchen and two toilets out of which one living room is exclusively for one of the co-owners for her occasional visits and his family consists of he himself, his wife, two adult sons and spinster sister of his father. It was further stated that he was dealing in software and software development works from two rooms situated on the first floor as his office and keeps his business related materials but they are unfit for living due to want of any amenities such as toilet, kitchen etc. It was further alleged that he suffered a massive heart attack in November, 2006 whereafter he was hospitalized for a substantial period and was advised complete bed rest for six weeks and on medical advise he has to live strain free life and therefore, needed the disputed premises for his own occupation as his living rooms are on the second floor and he has to ascend at least 42 steps which not only is in cumbersome but is risky to his life. It was further asserted that though the tenancy was residential, the petitioner tenant was using one of the rooms for stocking of Sarees for sale without his consent. It was further asserted that the tenants have purchased a residential building bearing No. D-48/143-C-D-2E in Mohalla Misir Pokhra in Varanasi consisting of four living rooms with toilet, kitchen, store etc. but for his selfish ends he is using the said place for lodging of pilgrims.;