A.N.Verma, J. - (1.) This petition by a tenant is directed against concurrent orders passed by the courts below releasing premises No. 91 Sohbatia Bagh, Jawahar Lai Nehru Road, Allahabad in favour of the landlord, who are arrayed in this petition as respondents Nos. 3 to 5 and 7, under Section 21 of U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (U. P. Act No. XIII of 1972).
(2.) These are the facts. One Sri B. D. Mukherjee, the father of respondents Nos. 3 to 5 and 7 was admittedly the owner and landlord of the aforesaid premises, of which the petitioner was a tenant. Sri B. D. Mukerjee filed an application on 26th of September 1976 under Section 21 (1) of the aforesaid Act against the petitioner for an order of eviction on the ground that he was a retired person, old and infirm, and compelled to reside in a rented house Number 38-A Thornhill Road, Allahabad, carrying a monthly rental of Rs. 50CF-per month which he could ill afford to pay. His family consisted of himself, two sons, wife, daughter-in-law, a daughter, a grand-son and a grand daughter. The premises No. 38-A Thornhill Road were, besides being an expensive proposition for the landlord (Sri B. D. Mukerjee), inadequate for the size of the landlords family and its requirement. The landlord bona fide required the accommodation in dispute for the residence of himself and the members of his family. The tenant on the other hand owned and possessed a house in Tula Ram Bagh Allahabad in which he could easily shift. Furthermore, as between the landlord and the tenant, it is the former who would suffer greater hardship.
(3.) The application was contested by the petitioner, who alleged that the application of the landlord was incompetent in law, inasmuch as the petitioner had ceased to be a tenant of Sri B. D. Mukerjee with effect from 27-8-1968, the date on which a written agreement was entered into between Sri B, D. Mukerjee and the petitioner for the sale. of the house in question in favour of the tenant for a total consideration of Rs. 40,000/-out of which a sum of Rs. 10,000/- was paid to Sri B. D. Mukerjee on 27-8-1968, itself, while the remaining Rs. 30,000/-was yet to be paid at the time of the execution of the sale deed. It was alleged that in pursuance of this agreement, possession was delivered to the petitioner and in pursuance of the said agreement, the tenant had invested substantial sum of money towards improvement and additions in the building. It was asserted that a civil suit had been filed for the specific performance of the contract of sale which had been decreed ex parte against Sri B. D. Mukerjee. As regards the merit of the claim of Sri B. D. Mukerjee, it was asserted that premises No. 38-A Thornhill Road, Allahabad, were still in occupation of Sri B. D. Mukerjee and they were sufficient for his needs. It was denied that Sri B. D. Mukerjee bona fide required the accommodation. It was asserted that the tenant would suffer irreparable loss if he was evicted from the premises in question, as he was running a hotel in the premises under the name and style of "Messrs. Shyam Hotel & Restaurants".;