Saeed-Uz-Zaman Siddiqi, J. - (1.) By means of this writ petition, under Article 226 of the Constitution of India, the petitioners have sought for a writ in the nature of certiorari quashing judgment and order dated 07.05.2011 passed by learned Prescribed Authority under U.P. Act No. 13 of 1972 by which a release application moved by Opposite party No. 3 was allowed and judgment and order dated 18.04.2013 passed by learned Additional District Judge, Court No. 12, Lucknow by which Rent Appeal No. 27 of 2011 was dismissed and the release of the disputed premises was confirmed.
(2.) I have heard learned counsel for both the parties and gone through the records.
(3.) Learned counsel for opposite party No. 3 put in appearance and filed counter affidavit which is taken on record. Learned counsel for the petitioner did not choose to file any rejoinder affidavit. Admittedly, the petitioners are tenants of the disputed premises in which they are running their godown as they are engaged in the business of running a Tent House. The landlord who is opposite party no. 3 before this Court has a large family and he is residing in a house constructed on 900 sq. feet of piece of land. He has raised three storey in which his family is living.. The landlord has pleaded details of his family in para- 4 of the application which consists of himself, his wife, six sons in between the age of 35 to 47 years who are all married. The first son has two sons of the age of 26 years and 20 years and one daughter of the age of 24 years. The second son has his wife, two sons and one daughter between the age of 19 years and 23 years. The third son has his wife, one son and two daughters of the age of 13-18 years. The fourth son has his wife, one son and one daughter of the age of 16 and 14 years respectively. The fifth son has his wife, one daughter and one son of the age of 10 years and 8 years and the sixth son has his wife and one daughter. That the disputed premises was let out to the opposite parties in the year 1965. During this period, the family of the landlord has increased and he is facing paucity and shortage of accommodation for residential as well as commercial purposes. The details of requirement for each son of the landlord has been pleaded in para 7 of the application under Section 21 of the U.P. Act No. 13 of 1972. It has further been pleaded that his two sons are partners in a business but the relation between the sons have strained and the applicant is bound to dissolve the partnership and settle them in separate business. This is one of the bona fide requirements of the landlord. That the seven families are living in a small piece of land which is resulting in frequent tension amongst the family members and the applicant has no substitutional accommodation or place to entertain his relatives and visitors and the studies of the grand children of the applicant are being affected badly for want of separate space for study. On the other hand, the tenant has a successful business of Tent and light and has a big premises at 29, Vidhan Sabha Marg, Ram Bhawan, Lucknow, measuring 2156 sq. feet approx.;