- (1.) This writ petition is directed against the order of the Prescribed Authority dated 21.8.1989 allowing the release application filed by the landlord-respondent No. 3 under Section 21(1)(a) of U.P. Urban Buildings (Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) and the order dated 20.10.1993 passed by respondent No. 1 affirming the order of the prescribed Authority. The petitioner is a tenant of one small room (10' x 7'), one Kothari (7' x 6') and a Sahan in front of situate on first floor of Premises No. 100/207, Colonelganj, Kanpur. The landlord-respondent No. 3 is residing on the ground floor of the same premises consisting of two rooms in the size of 12' x 6', two Kotharis each in the size of 7' x 6', Dalan and courtyard besides its amenities latrine and bath.
(2.) The respondent moved an application under Section 21(1)(a) or the Act on 5.7.1986 against the petitioner for release of the tenanted accommodation on the ground that he required additional accommodation as his family consisted of eight members consisting of himself, his wife, four sons and two daughters and the accommodation with him was insufficient to meet residential requirements of his large family of eight members. He alleged that one room was used by him as bed room and one Kothari as box room while the other room is used for tailoring purpose. It was alleged that the petitioner was employed in a factory in Kanpur and was earning Rs. 2,000/- per month as his salary including overtime allowance. His three sons are doing business and earning Rs. 2,500/- per month or more from the aforesaid business. The petitioner was also allotted a quarter by his employer bearing Quarter No. 9, Block No. 15, Golf Colony, Kanpur Nagar. He has also in his occupation two rooms in House No. 100/205, Colonel Ganj, Kanpur which is in the close vicinity of the house in question. He has also purchased a house No. 100/192 in the same locality where the disputed premises is situated in the name of his wife and has obtained possession of two rooms in the aforesaid premises.
(3.) The petitioner filed objection and stated that the landlord has no bona fide and genuine need. The accommodation at his disposal was sufficient and his son is not doing any tailoring job at his residence. He admitted that he was employed in Parachute Company. Kanpur but denied that he was earning Rs. 2,000/- per month from that Job. He admitted that he purchased House No. 100/192, Colonelganj, Kanpur in the name of his wife but there was only one Kothari completely Kachcha. Premises No. 100/192, Colonelganj, Kanpur was being used for commercial purposes by his sons who are doing embroidery business. He was allotted a quarter by the company but that quarter was quite far away from the heart of the city and therefore he was unable to use it and finally he relinquished it.;