N.L.GANGULY, J. - (1.) THIS petition is directed against the judgment and order dated 20.5.1993 passed by the 1st Addl. District Judge, Kanpur City. The petitioner is a tenant in an accommodation comprising of three rooms, 2 verandahs, inner and outer one latrine-cum-bath room, kitchens, back courtyard, lawn, tinshed, covered place for parking Car and two small dochhatti, Kotheries, one above the Kitchen and one above the bath room which was let out to the petitioner in February, 1972 on a monthly rent of Rs. 465/- per month. An application under Section 21(1)(a) of the U.P. Act No. 13 of 1972 was filed by the landlord for the accommodation in question for his personal need to run an office of the professional Chartered Accountant and for parking his car in the garage. The accommodation in dispute is in the ground floor at 3/56. Vishunpuri, Kanpur. The application for release was contested by the petitioner by filing a written statement. Counter and rejoinder affidavits have been exchanged by the parties. The respondent- landlord moved an application for amendment in the original application for release on 3.7.90 which was also allowed and incorporated in the petition. The amendment application was also replied by the petitioner.
(2.) THE Prescribed Authority by his judgment and order dated 19.3.1991 dismissed the release application. The respondent-landlord filed an appeal under Section 22 of the Act, before the District Judge and was heard finally after transfer by the Court of Addl. District Judge, Kanpur. The landlord in his application under Section 21 of the Act pleaded that the accommodation in question was let out to the petitioner since the time of his father. The landlord was living in the first floor of the said house. He has no place in the ground floor. The landlord pleaded that he is a qualified Chartered Accountant. He needed the ground floor accommodation for his professional use on that he may open his office there. At present, he has no office accommodation with him that he has to call his clients some time to sit in the residential portion of the house on the first floor. The residential portion since is on the first floor, is not suitable for the professional use by the landlord. The petitioner is the only male member of his family, his wife and small children live with the petitioner. In the first floor of the house in question, since there is no office accommodation available to the petitioner, he has to take one office on rent at sufficient distance from his residential place. The distance between his residential accommodation and the rented office is sufficiently long, as such he is not able to devote full time in the office and has to return to his house. The professional work of the Charter Accountant is hampering. The landlord also purchased a car, he has no garage to keep his car. He has taken on rent a garage which is at a distance. The landlord pleaded that his need is bonafide and genuine. He needs the accommodation in question tenancy of the petitioner for his personal use and occupation. The case of the landlord was contested and denied by the petitioner. The petitioner pleaded that Sri Girish Chand Gupta, the landlord lives with his parents. The house No. 7/166, Swarup Nagar is allotted in the name of Pushpa Talwar which consists of 6 rooms, 2 verandahs, kitchen, store, toilet and garage, besides this there is another accommodation in house No. 7/166 (1) which consists of 4 rooms, 2 verandahs, 2 stores, Aagan, garage, tin-shet hall. It was also pleaded by the landlord that the tenant has three other accommodations Nos. 63/1, 63/2 and 129, Mall Road, Kanpur which are also available and in the tenancy of the petitioner.
(3.) THE petitioner tenant denied the case of the landlord and stated that the accommodation in 7/166(a) Swarup Nagar was not in his possession. He also stated that the said accommodation is not residential one. It was also pleaded that house No. 129, Mall Road and 63/1 and 63/2 are business accommodation and show room which cannot be used for residential purposes by the petitioner. The house in question in respect of which the release application was filed is purely a residential accommodation. It could to be released in favour of the landlord.;