B.K.Rathi, J. - (1.) The accommodation in dispute is commercial building situated at 38/4, Gillis Bazar, Kanpur. The respondent No. 2 who is landlady of the premises filed an application for release of the accommodation under Section 21 (1) (a) of U. P. Act No. XIII of 1972 alleging that she bona fide require the premises to settle her son Vinay Madho Khanna in the business who is without employment and is married and had one son and one daughter aged 10 years and 6 years respectively ; that he is looking after the cattle market in village Ramaipur, district Kanpur Nagar which is held on Monday and Thursday only ; that, therefore, the landlady in order to augment her income want that her son be employed on all the days of the week in some permanent business. The petitioners contested the application for release. The application for release was rejected by the Prescribed Authority by judgment dated 14.5.1998. Annexure-8 to the petition. Against that order, the respondent No. 2 filed Rent Appeal No. 105 of 1998 under Section 22 of U. P. Act No. XIII of 1972 which has been allowed by the judgment dated 5.1.2001 by respondent No. 1. Annexure-9 to the petition. The premises has been released in favour of landlady-respondent No. 2. Aggrieved by it, the present petition has been preferred invoking extra -ordinary jurisdiction of this Court under Article 226 of the Constitution of India.
(2.) I have heard Sri Rajiv Joshi, learned counsel for the petitioners and Sri Ravi Kant, senior advocate assisted by Sri R. K. Khanna, learned counsel for respondent No. 2.
(3.) It is admitted case of the parties that the landlady has only one son Vinay Madho Khanna. The landlady had a cattle market named Madhobag in village Ramaipur and it is being managed by her son. However, this fact has not been denied that this market is being held on two days in a week only on Monday and Thursday. It is alleged that, therefore, it is necessary for the landlady to start some business for the permanent engagement of her son on all the days and to augment her income.;