K.C.Agarwal, J. - (1.) This is a tenants writ petition preferred against a judgment of the Third Additional District Judge, Bareilly, dated May 13, 1978.
(2.) Smt. Jaswant Kaur, Respondent 2, and Manjeet Singh, respondent 3, filed an application under Section 21 of U. P. Act XIII of 1972 for release of the disputed shop on the ground that Smt. Jaswant Kaur had two sons, Jagmohan Singh and Manjeet Singh. It was alleged that Manjeet Singh, the second son, was previously employed as Surveyor in the Survey Department of the Government of India, but had left the service in the year 1973 and was since then unemployed. She claimed that the shop was required by her for enabling Manjeet Singh to start his own business. She alleged that in the absence of any accommodation available to him for starting a business, Manjeet Singh was loitering about without any business and work.
(3.) The application was resisted by the petitioner. Apart from other grounds, two of them were that Smt. Jaswant Kaur and Manjeet Singh were not entitled to file the application under Section 21. The petitioner claimed that respondents 2 and 3 were not the sole owners of the disputed shop, and that they were only co-owners along with Jagmohan Singh alias Jogender Singh, and since Jagmohan Singh had not been impleaded as a party, the application was liable to be rejected. The second ground taken was that Manjeet Singh was already employed and was doing business as a partner in the firm M/s. Pindi Auto Traders, and, as such, the premises was not required by respondent 3.;