A.N.Verma, J. - (1.) This is a tenant's petition. It is directed against two orders, one passed by the Prescribed Authority allowing an application of respondents Nos. 3 to 6 (Kamta Prashad, Shrimati Bimla Devi, Raja Ram and Shrimati Rani Devi), the landlords of the premises in question under Section 21(l)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as U.P. Act No. XIII of 1972) and the other by the learned II Additional District Judge, dismissing the appeal of the petitioner filed against the first order.
(2.) These are the relevant facts. The respondents Nos. 3 and 4 are the owners and landlords of the northern half portion of a house No. 134, Chak, Allahabad, while the respondents Nos. 5 and 6 (Raja Ram and Shrimati Rani Devi) are the owners and landlords of the other half of that House. Baij Nath Prasad Sahu, the Petitioner's father was originally the tenant of the aforesaid house. He died in the year 1971 leaving the petitioner his widow Shrimati Dulari Devi (respondent No. 7) and other sons Purshottam Das, Deveshwar Nath, Kailash Nath, and Bishambhar Nath (respondents Nos. 8 to 11) as his heirs and legal representatives.
(3.) The aforesaid landlords filed a joint application against the petitioner and his mother for the release of the accommodation on the following assertions : 1. The respondents Nos. 3 and 4 were residing with considerable hardship and inconvenience in an ancestral house No. 86, Chowk Gangadass in just one living room. This house belonged to 53 persons who are residing in different portion thereof. The family of respondents Nos. 3 and 4 consisted of seven members consisting of husband and wife, four sons, and one daughter. There was no place for respondent No. 3 to sleep and for the children to study. All this was affecting the health of the entire family and the education of the children. 2. The respondents Nos. 5 and 6, the other set of landlords were also similarly residing as a licencee in just one room accommodation at No. 89, P.D. Kydganj, Allahabad, Respondent No. 5 had even to carry on the business in this single room accommodation. The landlords were sonars by caste and profession, but due to Gold Control Rules, their vacation had been seriously affected. It is alleged that the landlords were being put to a great hardship. 3. The tenant on the other hand has a house of his own, a few yards away from the premises in question, being house No. 137 Chak, which had plenty of accommodation the tenant could very conveniently shift into it.;