A.N.VARMA, J. - (1.) THIS petition is directed against concurrent orders passed by the Courts below allowing an application filed by the landlord of the disputed premises who is arrived as respondent No. 1 in this petition under Section 21(1)(a) of U.P. Act No. 13 of 1972.
(2.) THE dispute relates to a portion of house No. 113/441, Swarup Nagar, Kanpur. The respondent No. 1 is the owner and landlord of the same while the petitioners are its tenants. The application of the respondent No. 1 under Section 21 was based on the assertion that he was in government service and was posted as Additional Commissioner, Agra Division, Agra in the Income Tax and was due to retire on 30th of June, 1978. He intended to practise law after retirement. He has no other house available with him where he could settle down and do his practice. As regard to the tenant, it was asserted that they could afford to rent another house being substantial industrialists.
(3.) THE application was contested by the petitioners who disputed the claim of the landlord that he bonafide needed the accommodation or that he really intended to settle down at Kanpur. It was alleged that the eldest son of the landlord was in government service and he could easily get a government accommodation. The other son of the landlord was studying at Allahabad. In addition, the landlord also possessed an ancestral house in the same city.;