M.P. Singh, J. - (1.) THE premises in dispute is house No. 9/23, Bagh Muzaffar Khan, Agra. This accommodation consists of the ground floor and the first floor. Shyam Lal Agarwal is the tenant on the ground floor. S.N. Bahadur is the landlord. The landlord filed an application under Section 3 of the U.P. Act No. 3 of 1947 for permission to file a suit for ejectment of 8 -7 -1971. During the pendency of the said application U.P. Act No. XIII of 1972 (hereinafter referred to as the Act) was enforced. Consequently the said application was conveted into an application under Section 21(1)(a) of the Act.
(2.) THE case set up by the landlord was that Shyam Lal Agarwal was occupying the ground floor as a tenant on a monthly rent of Rs. 30/ - while he was occupying the first floor. He was an employee of Agra University and also was engaged in Insurance business. He had no other house in the said city. He needed separate rooms for his growing children for their studies and one room for meeting his clients who come there in connection with Insurance business. The sons of the tenant used to behave indiscreetly with his clients which caused annoyance to him and his family members, sometimes there were serious quarrels. At times the necessity of filing F.I.R. also arose. He needed more accommodation on the ground floor to keep his motor cycle. It was further stated that the tenant did not need the accommodation as he was already in possession of another spacious house No. 5/ -7, Madia Katra, in the same city since 4 -7 -1972. It consisted of one big hall, one verandah, three rooms, latrines, kitchen, bath room and two courtyards. He has shifted to it along with his family members. He is retaining the house in question only to harass the applicant.
(3.) THE tenant filed written statement. It was denied that the need of the landlord was bona fide and genuine. It was further stated that he was the tenant of the entire ground floor except the latrine and the main entrance which were commonly used by both. The total accommodation in possession of the landlord on the first floor consisted of three rooms, bath room, one kitchen and one Gaukh and his family consisted of himself, his wife and two grown up daughters. The family members of the tenant were said to be 15 and it was stated that in case the order of release was passed, greater hardship would be caused to him. House No. 5/57 Madia Katra was occupied by his sons.;