- (1.) This is a tenant's writ petition filed against a judgment of the V Additional District Judge, Kanpur dated 30-4-1979.
(2.) An application under Section 21(1)(a) of the U.P. Act No. XIII of 1972 was filed by the Respondent No. 3 Sri Ram Laxman Janki and Hanumanji Virajman Mandir for release of a portion of House No. 61/43, Sita Ram. Mohal, Kanpur. The Petitioner was the tenant of the ground floor of the said house. In application filed under Section 21 of the U.P. Act No. XIII of 1972 Respondent No. 3 alleged that the portion let out to the Petitioner was required for the residence of Rameshwar who was Sarvarakar of Respondent No. 3. The said Respondent claimed that the accommodation in possession of Rameshwar was insufficient and that he was not able to discharge his duties as a Sarvarakar properly on account of the insufficiency of accommodation available with him. Another ground set up for the release was the need of Pujari named Narvada Shanker.
(3.) The application was contested by the Petitioner and the allegation that Sarvarakar Rameshwar did not have sufficient accommodation, was denied as false. The Petitioner also alleged that Pujari lived in a closed verandah and, an open space outside comfortably. Therefore the requirement set up for the said Pujari could also not be a ground for his eviction. With regard to the second Sarvarakar Ram Ratan Das, the plea was that he was a saint and did not permanently live in the disputed house and as such the need of Ram Ratan Das set up in the application, was not bona fide.;