M.P. Singh, J. - (1.) PETITIONER was the tenant. The respondent No. 3 filed an application for the release of the accommodation, which is a shop, under Section 21(1)(a) of U.P. Act No. 13 of 1972 (hereinafter referred to as the Act). It is situated in the main market of Kandhala, Tahsil Budhana, District Muzaffarnager. The land -lady has come forward with a case that the accommodation was purchased by her husband on 18 -4 -1985. He died a few months before the filing of the release application by her, she was a teacher in the Jain Junior High School. The salary which she was getting was not sufficient to meet the requirements of the family which consisted of herself, two sons and four daughters. On account of the death of her husband she has been facing financial crisis apart from other problems, including the accommodation. Her two daughters, namely, Sulekha and Rachna were of marriageable age. She did not own or possess any other accommodation in the municipal limits. She wanted to set up her son Pradeep in business. He wanted to open a Parchoon shop in the said accommodation. She wanted to augment her income to meet the growing needs.
(2.) THE land lady further asserted that the tenant generally kept the shop closed. He has no son. His all the three daughters are married now. He carries on business of money lending and other shops are available to him at Kairana Road and Railway Road. In case of release of the accommodation, no irreparable injury would be caused to the tenant. The petitioner contested the said application. It was stated that Pradeep was a student of third year in a degree college. He is pursuing his studies. Sandeep was minor, Pradeep may get a job after finishing his studies.
(3.) THE Respondent No. 3 resides in the first floor. The ground floor of the building is a Bailkhana which can be used as a shop. The land lady has additional income from private tuition. The need is not bona fide. The Bailkhana is quite suitable to start parchoon business.;