Sudhir Chandra Verma, J. - (1.) THE dispute in this petition relates to the release of the disputed shop under Section 16(1)(b) of the U.P. Act No. XIII of 1972 between the two alleged co -sharers claiming to be co -landlords. The shop in dispute situate at the south of the building No. 38/1, Mohalla Nauj Kotra, District Varanasi was in the tenancy of one Purshottam Das, son of Mahadeo Prasad, who vacated the same on 18th January, 1984. The said building was initially purchased by a sale deed dated 29th January, 1946, jointly by Chaudhary Nar Singh Das, Lakshman Dass, Gopal Dass and Mangal Das. The disputed shop on the basis of family settlement was acquired by Lakshman Dass, who died on 12th May, 1982 and the sons, namely, Behari Lal, Girdhari Lal, Panna Lal, Motilal, Jawaharlal, Pyare and Gulab became the co -sharers. The vacancy of this shop was notified by Ratanlal, Son of Sri Nar Singh Das and Beharilal son of Sri Lakshman Dass by notice dated 25th November, 1984 to the Rent Control and Eviction Officer. An application under Section 16 of U.P. Act No. 13 of 1972, was filed by Beharilal, Girdharilal, Jawahar Lal, Pannalal and Nandlal, sons of Lakshman Dass for the release of the western side of the shop. It was alleged that there was mutual partition in the family and it was agreed between the heirs of Lakshman Dass that since Beharilal and Girdharilal had no shop, the disputed shop was required by them to settle in business. It was further alleged that after the shop was vacated by the tenant they had taken possession in the capacity as landlord and they wanted to settle in business.
(2.) THE second set of application has also been filed by Ratanlal son of Sri Nar Singh Dass, Smt. Saraswati Devi, Smt. Keshar Devi, Banwari Lal, Shakuntala Devi, Meera Devi, Vijay Lakshmi Devi, Parwati Devi and Gayatri Devi under Section 16 of the Act, for the release of the disputed shop. These applicants have also claimed that by mutual agreement they became the landlords of the part of the disputed shop and they wanted to do their business. A third set of application was filed by Vinod Kumar, Prakash Chandra, Deepak Kumar and Arvind Kumar, sons of Sri Gulab Dass, claiming to be the co -sharers of the disputed shop, being joint Hindu family property. These applicants also claimed that in the joint family property they have no shop in their possession and as such their need for the shop is bona fide.
(3.) AN objection was filed by Ratan Lal and Behari Lal against the release application by Vinod Kumar and his brothers being the sons of Gulab Dass, on the grounds the relationship of landlord and tenant was not between the applicants and the outgoing tenant and they cannot claim to be the landlords. It was also alleged that since the father of the applicants is alive, he alone can claim to be the co -sharer/co -landlord and during his life time the applicants have no independent right over the property.;