- (1.) Heard learned counsel for the petitioners and Shri M.F. Beg appearing for the respondents. This is tenants' writ petition under Article 226 of the Constitution of India arising out of proceedings under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).
(2.) Dispute is in respect of accommodation bearing Municipal No. 97/217, Talak Mohal, Kanpur Nagar consisting two rooms, varandah, courtyard, kitchen, latrine and bathroom, wherein the petitioners were tenant on a rent of Rs.10/- per month. The landlord-respondents moved an application under Section 21 (1) (a) of the Act for release of the aforesaid accommodation on the ground that the same is bona fidely required for residence of their family. The application was filed on the allegations that the family of applicant no. 1 consists himself, his wife and three daughters, who were residing in two rooms on first floor of house No. 97/238, Talak Mohal, Kanpur Nagar and family of applicant nos. 2 and 3 consists of themselves and 7 other members, who were residing in two rooms and small courtyard having a common bathroom in the same house no. 97/238. It was further pleaded that the family of applicant no. 4 consists of five members, who were living in two small rooms and a varandah in house no. 97/217, whereas the family of tenant consists of seven persons, out of one Md. Yamin has died.
(3.) The application was contested by the tenant-petitioners denying the allegations. It was pleaded that there was no requirement of the landlords and that Chand Bibi, daughter of applicant no. 1 was married and was residing in Sarsaul with her in-laws and she has wrongly been included in the family. It was also pleaded that they have open terrace where they can get new construction made according to their need.;