S.K.Dhaon, J. - (1.) This is a tenant's petition. It stems from proceedings under Section 21 (1) (a) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, W.P. Act No. XIII of 1972), (hereinafter referred to as the Act), initiated by the landlady for the release of the accommodation in the tenancy of the petitioner. In appeal, the Special Judge, Economic Offenses, Allahabad (hereinafter referred to as the Appellate Authority) after reversing the decision of the Prescribed Authority accepted the landlady's application.
(2.) The landlady on July 25,1977 purchased a building No. 155 Newada (Ashok Nagar) Allahabad (hereinafter referred to as the accommodation in dispute) for a sum of Rs. 30,000/- On that date the petitioner was in occupation of the accommodation in dispute as a tenant. On or before that date the landlady was living in a rented accommodation situate at 26 Muir Road, Allahabad (hereinafter referred to as the Muir Road accommodation) along with members of her family and with the family of the brother of her husband (brother-in-law). The Muir Road accommodation was a portion of a bung- low. It was originally allotted to the father-in-law of the landlady who till his death, continued to reside in it along with his two sons, one of them being the husband of the landlady, and their respective families. Upon the demise of the father-in-law, the tenancy of Muir Road accommodation devolved upon his two sons and they commenced residing in it jointly along with the members of their family. As required by the first proviso to Section 21 (1) of the Act the landlady sent a notice to the petitioner which was duly served upon him on January 18, 1979.
(3.) The petitioner paid a monthly rent of Rs. 175/- besides water tax. He is enticed in Messrs Triveni Structural. Allahabad on an emolument of Rs. 2500/- per month which includes Rs. 400/- as house allowance. The family of the petitioner consists of himself, his wife two sons and one daughter. One of his sons is suitably employed. The husband of the landlady is getting a salary of Rs. 680/- per month and is employed in the ministerial cadre in the office of the Divisional Commissioner at Allahabad, the Family of the landlady consists of herself, her husband and four sons, aged 22, 19 and 17 and 13 years respectively. The family of the brother-in-law of the landlady consists of himself, his wire and a minor daughter. All the four sons of the landlady are students. The first is studying in B.A. final, the second in B.A. part I, the third in High School and the fourth in ICSC.;