- (1.) This writ petition arises under Section 21(1)(a) & (b) of the U.P. Act No. 13 of 1972 (hereinafter referred to as the 'Act') initiated by the landlord-petitioner. Release application was filed on the grounds interalia - (i) The double story residential house of the father of the petitioner was only 21 feet from East to West and 24 feet from North to South. On the ground floor there was one shop in the occupation of his brother Gyanendra Kumar Gupta who was running hardware business and in the second floor his other other brother Rajendra Kumar Gupta, who is an Advocate was having his chamber. There were two small rooms measuring 8' x 9' and 9' x 12' on the first floor, which were insufficient for the residence of the entire family. (ii) In view of shortage of space and strained relationship with the stepmother, the elder brother Gyanendra Kumar Gupta has purchased a small house in the same Gali and shifted therein along with his family. The petitioner was having strained relationship with his step mother and it was not possible to live in the ancestral house, as such, he also shifted in the house purchased by his brother Gyanendra Kumar Gupta. Subsequently, the said house was reconstructed into a double story building in which a godown was constructed in the ground floor and residential accommodation in the first floor. (iii) The petitioner got married in 1989 and on his request his brother Gyendra Kumar Gupta permitted him to occupy in one small room in the ground floor towards northern portion of the godown. After marriage the petitioner was blessed with two daughters and there having acute shortage of accommodation and strained relation with his brother's wife, he purchased the premises in dispute by means of registered sale deed dated 1.3.1993. Since the purchased property was in a dilapidated condition he got the map sanctioned from the Gorakhpur Development Authority for reconstruction. (iv) A registered notice dated 24.2.1996 was sent to the respondent-tenants and thereafter, release application was filed on 7.7.1997.
(2.) It was also pleaded in the release application that the respondents have sound financial status and one of the defendants Shambhoo Nath has purchased a house in Mohalla Narsinghpur, which was in a vacant state and he has shifted there and other respondents have also purchased land in Mohalla Narsinghpur and raised construction.
(3.) The release application was contested by the tenant-respondents on the allegation : There was no relationship of landlord and tenant and no notice was served. The house in dispute was not in dilapidated condition requiring any demolition or reconstruction. It was further alleged that father of the petitioner has several houses in the city of Gorakhpur i.e. House No. C-183/17 which is three story building, House no. C-183/429 and third House No. C-83/306 in Mohalla Basantpur. It was alleged that there were several rooms in the residential house at Basantpur wherein the petitioner has a share. Another house was alleged to be owned at Basantpur which under the tenancy of one Madan Mistry. The other averments made in the release application was denied.;