S.D.AGARWALA, J. - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of the proceedings under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).
(2.) THE holding in dispute is premises No. 74/103, Dhankutti, Kanpur. Respondent Nos. 3 to 6 are the landlords. The petitioner was originally the tenant. He died and now his heirs have been substituted. The premises in dispute consists of two rooms and an angan on the ground floor of the premises No. 34/103, Dhankutti, Kanpur. Admittedly, the said premises is being used for godown purposes. The respondent-landlord filed an application for release under Section 21 of the Act on the ground that Dinesh Chandra required the accommodation for carrying on the business of general merchandise and drugs business in the premises in dispute. It was stated the Dinesh Chandra was a young man of about 24 years of age, when the application for release was filed, he was unemployed. He had passed B. Com. examination and, consequently, he wanted to start the business.
(3.) THIS application for release was contested by the then tenant Ram Gulam Gupta on the ground that Dinesh Chandra had no experience of business. He could do so absorbing himself in the business of utensils of his father and he would suffer irreparable injury if he was made to vacate the disputed godown.;