- (1.) The petitioner is a tenant of premises No. 274/275, Mohalla Mishrana, Quasba Shikohabad, district Mainpuri. Admittedly, the respondent No. 3 is the landlord. The petitioners and respondents no 4 to 12 are the tenants. The landlord has put in appearance at the admission stage. Counter and rejoinder-affidavits have been exchanged. Learned counsel for the parties jointly prayed that the case itself be heard and decided at the admission stage. Accordingly, it is being done so.
(2.) The present writ petition arises out of the proceedings under section 21(1)(a) of U.P. Act No. XIII of 1972 (hereinafter referred to as the Act).
(3.) The application for release was filed by the landlord on the ground that besides the house in question, he owns and possesses another small house which was not sufficient to accommodate the nine members of his family. It was further stated that one of the tenants namely Bal Kishan Lal along with his sons has shifted to village Kotal, Firozabad. One of the sons of Bal Kishan Lal was a teacher and the other son was carrying on business of general merchandise and they had constructed their own house at Kotal. Padam Narain-petitioner No. 3, Shambhu Narain Agrawal, respondent No. 4 and Jagdish Narain Agrawal, respondent No. 5, had constructed a new big house No. 5-A in Gali Rehat, Shikohabad in the names of their wives, Smt. Sushila Devi, Smt. Chandra Prabhawati and Smt. Javitri Devi. The respondent Nos. 4 and 5 and petitioner No. 3 are comfortably living in that house along with their families. The petitioner No. 2 has also purchased and constructed a house bearing Municipal No. 265/1-2 in Mohalla Mishrana, Shikohabad in the name of his wife Smt. Satyawati. This house was a three storeyed one and the family of petitioner No. 2 is comfortably living in this house. Ram Narain, petitioner No. 1 was residing in a rented house No. 102, Mohalla Khatrana, Shikohabad belonging to Hari Gopal. Rajesh Kumar, respondent No. 6 is a practising Advocate at Mainpuri and he has shifted permanently in Mainpuri in his own house which he has built at Devi Road, Mainpuri. Ram Autar, respondent No. 7 has shifted to Quasba Dewai, district Bulandshahr and has constructed his own house and is living with his family there. Thus, the entire case of the landlord was that the petitioners and respondent No. 4 to 12 are not residing in the said building and they do not need it for their residential purposes.;