Narayan Shukla, J. - (1.) HEARD Mr. S.K. Mehrotra, learned Counsel for the petitioner as well as Mr. Manoj Sahu, learned Counsel for the respondents. The petitioner has challenged the order dated 27th of July, 2010, passed by the Civil Judge (Senior Division)/Prescribed Authority, Faizabad in P.A. Case No. 10 of 1996 as also the order dated 12th of August, 2011, passed by the Additional District Judge, Faizabad in Civil Misc. Appeal No. 100 of 2010.
(2.) BY means of order dated 27th of July, 2010, the learned Civil Judge has allowed the application of the respondent No. 1 for release of accommodation in dispute, which has been upheld by the order passed in appeal. The facts of the present case, in brief, are that the respondent No. 1 is the landlord of house No. 533, whose new number is 2/7/45, situate at Mohalla Niyawan Chauraha, City Faizabad. The petitioner is a tenant of a shop situate in the house and is running Laundry since the life time of his father, who was the original tenant. The said shop was let out to him by one Bhagwandin, the original landlord. The petitioner had been paying the rent to Mr. Bhagwandin, but at some point of time he refused to accept it, therefore, the petitioner started depositing the rent in the Court under section 30(1) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (hereinafter referred to as the 'Act').
(3.) RESPONDENT No. 1, who is the present landlord moved an application under section 21(1)(a) of the Act for release of shop submitting therein that he is in the need of the same. It was stated by him that his family, is consisted of his wife, three sons and three daughters, who need separate rooms, as residential accommodation in the house was insufficient. He also stated that except this house he has no other house for residence of his family and further he is not in a position to take another house in city Faizabad on rent.;