Hon'ble Anil Kumar - (1.) HEARD Sri Ram Karan Agarwal, learned counsel for petitioners and Manish Mathur, learned counsel for respondents.
(2.) FACTS in brief of the present case are that Sri B.D. Atthi (now deceased) moved an application for release under Section 21(1)(a) of U.P. Act No. XIII of 1972, owner of premises having House No. 72, Purana Quila, Lucknow, under the tenancy of Smt. Y.C. Trikha, and after her death her legal heirs/petitioners are lawful tenants of the premises in question. In the said application it is stated by landlord-owner that his family consists following members: 1. Self, aged about 56 years (now deceased) 2. Smt. Ratno Devi, aged about 54 years (wife, now deceased) 3. Ashok Atthi, ages about 28 years. Smt. Kiran Atthi, wife of Sri Ashok Kumar Atthi, aged about 25 years. 5. Km. Shushma Atthi, aged about 22 years, daugher 6. Master Ashish @ Tinku, aged about 3 years, grandson House in question is let out by Smt Y.C. Trikha when her sons and daughters are minor. However, when they become major and one of his son who is an Engineer, married on 27.7.1978 and Km. Shushma Atthi daughter of applicant is a heart-patient as such he needs separate accommodation for her proper medical facilities, so looking into the circumstances of his family, house in question is required for personal need, house No. 72 situated at Purana Quila, Lucknow consists following accommodations under the tenancy of the tenant: 1. One shop in which the applicant carries his tailoring work 2. Room 3. Verandah 4. One small box room attached with the room 5. Kotheri 6. Kitchen 7. Latrine 8. Bathroom
(3.) ACCORDINGLY, a P.A. Case No. 64 of 1978 registered before the Prescribed Authority/Civil Judge, Lucknow and written statement as well as additional written statement filed by tenant/petitioner. The Prescribed Authority for the purpose of assessing the need of parties in question issued Commission and learned Commissioner submitted report dated dated 19.7.1982(Annexure No. 5 to the writ petition). During the pendency of the matter, original landlord Sri B.D. Atthi died, as such his legal heirs/successor substituted, and the original tenant B.D. Trikha also died, substituted by legal heirs and successors.;